Alexander Perry v. State ( 2004 )


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  •                                     NO. 07-04-0234-CR
    IN THE COURT OF APPEALS
    FOR THE SEVENTH DISTRICT OF TEXAS
    AT AMARILLO
    PANEL D
    NOVEMBER 15, 2004
    ______________________________
    ALEXANDER PERRY,
    Appellant
    v.
    THE STATE OF TEXAS,
    Appellee
    _________________________________
    FROM THE 364TH DISTRICT COURT OF LUBBOCK COUNTY;
    NO. 2001-435,807; HON. BRADLEY UNDERWOOD, PRESIDING
    _______________________________
    Before QUINN, REAVIS, and CAMPBELL, JJ.
    Appellant Alexander Perry appeals from a judgment convicting him of possession
    with intent to deliver a controlled substance. We affirm.
    Appellant’s counsel has moved to withdraw, after filing a brief pursuant to Anders
    v. California, 
    386 U.S. 738
    , 
    87 S. Ct. 1396
    , 
    18 L. Ed. 2d 492
    (1967) and representing that she
    has searched the record and found no arguable grounds for reversal. The motion and brief
    illustrate that counsel notified appellant of his right to review the appellate record and file
    his own brief. So too did we inform appellant that any pro se response or brief he cared
    to file had to be filed by November 4, 2004. To date, appellant has failed to file either a
    response or brief or request an extension to do so.
    In compliance with the principles enunciated in Anders, appellate counsel discussed
    two possible grounds for appeal. They involve 1) whether the trial court erred in denying
    his motion to dismiss the indictment because he had an agreement with police that the
    indictment would be dismissed if he assisted the police in other drug investigations, and 2)
    whether the trial court erred in overruling his motion to exclude the drug evidence because
    a proper chain of custody was not proven. However, counsel then proceeded to explain
    why each argument lacked merit.
    We have also conducted our own review of the record to assess the accuracy of
    appellate counsel’s conclusions pursuant to Stafford v. State, 
    813 S.W.2d 503
    (Tex. Crim.
    App. 1991). Finding no reversible error, we grant the motion to withdraw and affirm the
    judgment.
    Brian Quinn
    Justice
    Do not publish.
    2
    

Document Info

Docket Number: 07-04-00234-CR

Filed Date: 11/15/2004

Precedential Status: Precedential

Modified Date: 9/7/2015