John Wesley Glover v. State ( 2009 )

Opinion issued April 16, 2009  

In The  

Court of Appeals

For The

First District of Texas

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NO. 01-08-00566-CR

NO. 01-08-00573-CR

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JOHN WESLEY GLOVER, Appellant

v.

THE STATE OF TEXAS, Appellee

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On Appeal from the 252ndDistrict Court

Jefferson County, Texas

Trial Court Cause Nos. 96544 & 96568  

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MEMORANDUM OPINION

                  Appellant, John Wesley Glover, pleaded guilty on September 7, 2007, to felony theft and burglary of a habitation. Pursuant to a plea agreement, the trial court sentenced him to five years’ deferred adjudication and a $1,000 fine for each offense.

          On April 23, 2008, the trial court held a hearing on the State’s motion to adjudicate appellant’s guilt and revoke his deferred adjudication. At the hearing, appellant pleaded true to seven alleged violations of his deferred adjudication for theft and eight alleged violations of his deferred adjudication for burglary. The trial court adjudicated appellant’s guilt on both counts and sentenced him to two years’ imprisonment for theft and seven years’ imprisonment for burglary, to run concurrently.

          Appellant’s counsel on appeal has filed a brief stating that the records present no reversible error, that the appeals are without merit and are frivolous, and that the appeals must be dismissed or affirmed. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396 (1967). The brief meets the requirements of Anders by presenting a professional evaluation of the record and detailing why there are no arguable grounds for reversal. Id. at 744, 87 S. Ct. at 1400; see also High v. State, 573 S.W.2d 807, 810 (Tex. Crim. App. 1978).

          Counsel represents that he has served a copy of the brief on appellant. Counsel also advised appellant of his right to examine the appellate record and file a pro se brief. See Stafford v. State, 813 S.W.2d 503, 510 (Tex. Crim. App. 1991). Appellant moved for and received an extension of time to file a pro se brief, but he did not file one. Having reviewed the record and counsel’s brief, we agree that the appeals are frivolous and without merit and that there is no reversible error. See Bledsoe v. State, 178 S.W.3d 824, 826-27(Tex. Crim. App. 2005).

          We affirm the judgment of the trial court and grant counsel’s motion to withdraw. Attorney Hugh O’Fiel must immediately send the notice required by Texas Rule of Appellate Procedure 6.5(c) and file a copy of that notice with the Clerk of this Court.

                                                             George C. Hanks

                                                             Justice

Panel consists of Chief Justice Radack and Justices Alcala and Hanks.

Do not publish. See Tex. R. App. P. 47.2(b).