Danny Gable v. State ( 2005 )

NOS. 12-04-00059-CR

                                     12-04-00060-CR

                                     12-04-00061-CR

                     IN THE COURT OF APPEALS

          TWELFTH COURT OF APPEALS DISTRICT

                                TYLER, TEXAS

DANNY GABLE,                                               §                 APPEAL FROM THE 7TH

APPELLANT

V.                                                                         §                 JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE                                                       §                 SMITH COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

Danny Gable appeals two convictions for possession and manufacture of four hundred grams or more of methamphetamine, for which he was sentenced to imprisonment for thirty years on the possession charge and forty years on the manufacturing charge.  Appellant further appeals his conviction for possession of less than one gram of cocaine, for which he was sentenced to confinement for two years and fined ten thousand dollars.  Appellant’s counsel filed a brief in compliance with Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967) and Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969).  We affirm.

Background

In three separate causes, Appellant pleaded guilty to the possession^[1] and manufacture^[2] of four hundred grams or more of methamphetamine, both first degree felonies.  Appellant further pleaded guilty to possessing less than one gram of cocaine, a state jail felony.^[3]   The trial court admonished Appellant, and Appellant signed stipulations of evidence with regard to each charged offense.  The trial court found Appellant guilty as charged and, after a hearing on punishment, sentenced him to imprisonment for thirty years on the conviction of possession of methamphetamine, imprisonment for forty years on the conviction of manufacture of methamphetamine, and confinement for two years and a ten thousand dollar fine for the conviction of possession of cocaine.  The court ordered that Appellant’s sentences run concurrently.  This appeal followed.

Analysis Pursuant to Anders v. California

Appellant’s counsel filed a brief in compliance with Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967) and Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969). Appellant’s counsel states that he has diligently reviewed the appellate record and is of the opinion that the record reflects no reversible error and that there is no error upon which an appeal can be predicated.  He further relates that he is well acquainted with the facts in this case. In compliance with Anders, Gainous, and High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978), Appellant’s brief presents a chronological summation of the procedural history of the case and further states that Appellant’s counsel is unable to raise any arguable issues for appeal.^[4]  We have likewise reviewed the record for reversible error and have found none.

Conclusion

As required by Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991), Appellant’s counsel has moved for leave to withdraw.  We carried the motion for consideration with our consideration of this matter.  Having done so and finding no reversible error, Appellant’s counsel’s motion for leave to withdraw is hereby granted and the trial court’s judgment is affirmed.

Opinion delivered January 26, 2005.

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

                                                             (DO NOT PUBLISH)

[COMMENT1] 

                                                COURT OF APPEALS

                     TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

                                                             JUDGMENT

                                                            JANUARY 26, 2005

                                                       NOS. 12-04-00059-CR

                                                      12-04-00060-CR

                                                      12-04-00061-CR

                                                               DANNY GABLE,

                                                                      Appellant

                                                                            V.

                                                        THE STATE OF TEXAS,

                                                                      Appellee

                                           Appeal from the 7th Judicial District Court

            of Smith County, Texas. (Tr.Ct.Nos. 007-0640-02; 007-1597-02; 007-1598-02)

THESE CAUSES came to be heard on the appellate record and briefs filed herein, and the same being inspected, it is the opinion of this court that there were no errors in the judgments.

It is therefore ORDERED, ADJUDGED and DECREED that the judgments of the court below be in all things affirmed, and that this decision be certified to the court below for observance.

By per curiam opinion.

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

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^[1] See Tex. Health & Safety Code Ann. §§ 481.115(f), 481.102(6) (Vernon 2003 & Supp. 2004–05).

^[2] See Tex. Health & Safety Code Ann. §§ 481.112(f), 481.102(6) (Vernon 2003 & Supp. 2004–05).

^[3] See Tex. Health & Safety Code Ann. §§ 481.115(b), 481.102(3)(D) (Vernon 2003 & Supp. 2004–05).

^[4] Counsel for Appellant certified in his motion to withdraw that he provided Appellant with a copy of this brief and that Appellant was given time to file his own brief in this cause.  The time for filing such a brief has expired and we have received no pro se brief.

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 [COMMENT1]J.1       CIVIL - AFFIRMED

Vanilla judgment

Appellant & Sureties to pay costs