John Jones v. State of Texas ( 2002 )

Anders.wpd NO. 12-01-00143-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

JOHN JONES,

§ APPEAL FROM THE 114TH

APPELLANT

V.

§ JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE

§ SMITH COUNTY, TEXAS PER CURIAM  

Appellant John Jones was indicted as an habitual offender for possession of a controlled substance by fraud. Tex. Health & Safety Code Ann. § 481.129(a)(5) (Vernon Supp. 2002). The State abandoned one enhancement allegation, and Appellant pleaded guilty to fraud and pleaded true to the remaining enhancement allegation. Based upon a written stipulation of evidence, the trial court found that the evidence supported Appellant's guilt but deferred a finding of guilt and placed Appellant on deferred adjudication probation for a period of ten years. Appellant did not appeal at that time.

One year later, the State filed a motion to proceed to final adjudication and revoke Appellant's probation. Based upon the Appellant's plea of true to the allegations in the motion to adjudicate, the trial court found the allegations to be true. Subsequently, the trial court adjudicated Appellant's guilt, found the enhancement provision contained in the indictment to be true, revoked Appellant's probation, and assessed punishment at forty years of incarceration and a fine of $5000.00. ⁽¹⁾

Appellant's counsel has filed an Anders brief stating that the appeal is wholly frivolous and without merit. See Anders v. California, 386 U.S. 738 (1967). Counsel's brief does not advance any arguable grounds of error, but does contain a professional evaluation of the record demonstrating why, in effect, there are no arguable grounds to be advanced. See High v. State, 573 S.W.2d 807 (Tex. Crim. App. [Panel Op.] 1978); Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974). Counsel served a copy of his brief on Appellant, and though Appellant was advised of his right to file a pro se brief by counsel and by this court, he has not done so.

We have reviewed the record and counsel's brief. We find nothing in the record that might arguably support the appeal. We conclude the appeal is wholly frivolous and without merit.

We affirm the trial court's judgment and grant counsel's motion to withdraw.

Opinion delivered January 30, 2002.

Panel consisted of Davis, C.J., Worthen, J., and Griffith, J.  

(DO NOT PUBLISH)

1.

Fraud under § 481.129(a)(5) is a felony of the second degree. Tex. Health & Safety Code Ann. § 481.129(d)(1) (Vernon Supp. 2002). Because the trial court found Appellant had been previously convicted of one felony, the range of punishment was enhanced to that of a first degree felony: five to ninety-nine years or life in prison and a fine not to exceed $10,000.00. Tex. Pen. Code Ann. § 12.32 (Vernon 1994), § 12.42(b) (Vernon Supp. 2002).