Samuel Allen Carney v. State ( 2000 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-99-00864-CR

Samuel Allen Carney, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 26TH JUDICIAL DISTRICT

NO. 97-091-K26, HONORABLE BILLY RAY STUBBLEFIELD, JUDGE PRESIDING

Appellant Samuel Allen Carney pleaded guilty to possessing more than four grams
of cocaine. See Tex. Health & Safety Code Ann. § 481.115(a), (d) (West Supp. 2000). The
district court found that the evidence substantiated appellant's guilt, but deferred further
proceedings in accordance with a plea bargain and placed appellant on community supervision.
The court subsequently revoked supervision on the State's motion, adjudicated appellant guilty,
and imposed sentence of imprisonment for ten years.
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, and appellant
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.
The judgment of conviction is affirmed.

J. Woodfin Jones, Justice
Before Justices Jones, Yeakel and Patterson
Affirmed
Filed: June 29, 2000
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