Dimmer, Tony Oleva v. State ( 2004 )

Affirmed and Memorandum Opinion filed February 12, 2004

Affirmed and Memorandum Opinion filed February 12, 2004.

In The

Fourteenth Court of Appeals

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NO. 14-03-00494-CR

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TONY OLEVA DIMMER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 182nd District Court

Harris County, Texas

Trial Court Cause No. 915,160

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

Appellant entered a plea of guilty to the offense of aggravated assault.  On June 17, 2002, the trial court entered an order deferring adjudication of guilt and placing appellant on 3 years of community supervision probation and ordering appellant to pay a $600 fine and to write letters of apology to two specified persons.  On January 1, 2003, the State moved to adjudicate.  On March 6, 2003, the appellant signed a stipulation of evidence, stating that he intended to enter a plea of true with the prosecutor=s recommendation that appellant=s punishment be set at 2 years= incarceration in the Texas Department of Criminal Justice, Institutional Division (ATDCJ-ID@) and a $600 find.  On March 6, 2003, the trial court sentenced appellant to confinement for 2 year in TDCJ-ID and imposed a $600 fine.  Appellant filed a pro se notice of appeal.

Appellant=s appointed counsel filed a brief in which he concludes the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967), presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced.  See High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978).

A copy of counsel=s brief was delivered to appellant.  Appellant was advised of the right to examine the appellate record and file a pro se response.  See Stafford v. State, 813 S.W.2d 503, 510 (Tex. Crim. App. 1991).  As of this date, no pro se response has been filed.

We have carefully reviewed the record and counsel=s brief and agree the appeal is wholly frivolous and without merit. Further, we find no reversible error in the record.  A discussion of the brief would add nothing to the jurisprudence of the state.

Accordingly, the judgment of the trial court is affirmed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed February 12, 2004.

Panel consists of Justices Fowler, Edelman, and Seymore.

Do Not Publish C Tex. R. App. P. 47.2(b).