Rosendo Torres v. State ( 2003 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-03-00031-CR

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Rosendo Torres, Appellant

v.

The State of Texas, Appellee

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FROM THE DISTRICT COURT OF DALLAS COUNTY, 283RD JUDICIAL DISTRICT NO. F-9603701-WT, HONORABLE PAUL BANNER, JUDGE PRESIDING

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M E M O R A N D U M O P I N I O N

Appellant Rosendo Torres pleaded guilty to possessing more than 400 grams of methamphetamine with intent to deliver. Tex. Health & Safety Code Ann. § 481.112(a), (f) (West Supp. 2003). The district court adjudged him guilty and assessed punishment at twenty years in prison and a $10,000 fine.

Appellant's court-appointed attorney filed a brief concluding that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967), by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See also Penson v. Ohio, 488 U.S. 75 (1988); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978); Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974); Jackson v. State, 485 S.W.2d 553 (Tex. Crim. App. 1972); Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969). A copy of counsel's brief was delivered to appellant, who was advised of his right to examine the appellate record and to file a pro se brief. No pro se brief has been filed.

We have reviewed the record and counsel's brief and agree that the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal. Counsel's motion to withdraw is granted.

The judgment of conviction is affirmed.

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Jan P. Patterson, Justice

Before Chief Justice Law, Justices B. A. Smith and Patterson

Affirmed

Filed: November 20, 2003

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