DocketNumber： 03-10-00437-CR
Filed Date： 12/8/2010
Status： Precedential
Modified Date： 4/17/2021
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-10-00437-CR
Eric Fitzgerald Mayberry, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF MILAM COUNTY, 20TH JUDICIAL DISTRICT
NO. CR22340, HONORABLE ED MAGRE, JUDGE PRESIDING
M E M O R A N D U M O P I N I O N
A jury found appellant Eric Fitzgerald Mayberry guilty of possessing more than one but less than four grams of cocaine with intent to deliver. See Tex. Health & Safety Code Ann. § 481.112(a), (c) (West 2010). The court assessed punishment, enhanced by a previous felony conviction, at twenty years’ imprisonment.
Appellant’s court-appointed attorney has filed a motion to withdraw supported by a brief concluding that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738, 744 (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). Appellant received a copy of counsel’s brief and was advised of his right to examine the appellate record and to file a pro se brief. See Anders, 386 U.S. at 744. No pro se brief has been filed.
We have reviewed the record and find no reversible error. See Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009); Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). We agree with counsel that the appeal is frivolous. Counsel’s motion to withdraw is granted.
The judgment of conviction is affirmed.
___________________________________________
Jan P. Patterson, Justice
Before Justices Patterson, Pemberton and Henson
Affirmed
Filed: December 8, 2010
Do Not Publish
Bledsoe v. State , 2005 Tex. Crim. App. LEXIS 1969 ( 2005 )
High v. State , 1978 Tex. Crim. App. LEXIS 1393 ( 1978 )
Gainous v. State , 1969 Tex. Crim. App. LEXIS 906 ( 1969 )
Currie v. State , 516 S.W.2d 684 ( 1974 )
Garner v. State , 2009 Tex. Crim. App. LEXIS 1739 ( 2009 )