Daniel Ray Siler v. State ( 2005 )

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-04-00090-CR

______________________________

DANIEL RAY SILER, Appellant

V.

THE STATE OF TEXAS, Appellee

---

On Appeal from the 202nd Judicial District Court

Bowie County, Texas

Trial Court No. 03F0677-202

---

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Justice Ross

MEMORANDUM OPINION

          Daniel Ray Siler appeals from his conviction on his open plea of no contest to a charge of money laundering. In a companion case, he also appeals from his conviction for engaging in organized criminal activity. Very shortly before his conviction in these cases, Siler pled guilty in United States District Court for conspiracy to possess with intent to distribute marihuana, and the federal judge sentenced him to seventy-one months' imprisonment. The State District Court sentenced him to five years for money laundering and seven years for the organized crime charge. The state court ordered those two sentences to run concurrently, but consecutive to the federal sentence.

          Siler's attorney has filed an appellate brief in which she concludes, after a review of the record and the related law, the appeal is frivolous and without merit. She summarized pretrial and trial activities in her brief. The brief contains a professional evaluation of the record and contains five points of error that arguably support reversal. This meets the requirements of Anders v. California, 386 U.S. 738 (1967).

          Counsel provided a copy of her brief to Siler December 30, 2004, and he was also provided with a copy of the record. Siler filed a response pro se to his counsel's Anders brief April 4, 2005. The State has not filed a response.

          The same briefs and arguments apply to both appeals. For the reasons stated in our opinion of this date in cause number 06-04-00089-CR, we likewise find no reversible error in this case.

          We affirm the judgment.

                                                                           Donald R. Ross

                                                                           Justice

Date Submitted:      June 6, 2005

Date Decided:         August 16, 2005

Do Not Publish