Feinhandler, Mark (a/K/A Mark Stein) v. State ( 2002 )

In The

Court of Appeals

For The

First District of Texas

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NO. 01-01-00478-CR

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MARK FEINHANDLER, Appellant  

V.

THE STATE OF TEXAS, Appellee  

On Appeal from the 338th District Court

Harris County, Texas

Trial Court Cause No. 847920

O P I N I O N

Appellant pleaded guilty to the third degree felony offense of theft over twenty thousand dollars and under one hundred thousand dollars. The court found appellant guilty, and assessed his punishment at ten years confinement in the state jail.

Counsel has filed a brief stating his opinion that the appeal is frivolous. The brief meets the minimum requirements of Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967), by presenting a professional evaluation of the record and stating why there are no arguable grounds of error on appeal. See Gainous v. State, 436 S.W.2d 137, 138 (Tex. Crim. App. 1969).

Counsel certifies that the brief was delivered to appellant, and he was advised he had a right to file a pro se response. Thirty days have passed, and appellant has not filed a pro se response.

We have reviewed the record and counsel's brief. We hold there are no arguable grounds for appeal.

We affirm the judgment.

We grant counsel's motion to withdraw. See Stephens v. State, 35 S.W.3d 770, 771 (Tex. App.--Houston [1st Dist.] 2000, no pet.). Counsel still has a duty to inform appellant of the result of this appeal and also to inform appellant that he may, on his own, pursue discretionary review in the Court of Criminal Appeals. See Ex parte Wilson, 956 S.W.2d 25, 27 (Tex. Crim. App. 1997).

PER CURIAM

Panel consists of Justices Mirabal, Hedges, and Jennings.

Do not publish. Tex. R. App. P. 47.