Debra (Deborah) J. Wheeler v. State

• Court: Court of Appeals of Texas
• Decided: February 2, 2005
• Docket: 04-04-00518-CR
• Status: Published

Opinion

MEMORANDUM OPINION

No. 04-04-00518-CR

Deborah Jean WHEELER,

Appellant

v.

The STATE of Texas,

Appellee

From the 144th Judicial District Court, Bexar County, Texas

Trial Court No. 1998-CR-6204

Honorable Mark Luitjen, Judge Presiding

Opinion by:    Catherine Stone, Justice

Sitting:            Catherine Stone, Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed:   February 2, 2005

AFFIRMED

            Deborah Wheeler pleaded guilty to driving while intoxicated and was placed on community supervision for a term of ten years. On June 24, 2004, the trial court revoked Wheeler’s community supervision and sentenced Wheeler to two years imprisonment and fined her $1,000. We affirm.

            Wheeler’s court-appointed appellate attorney filed a brief containing a professional evaluation of the record and demonstrating that there are no arguable grounds to be advanced. Counsel concludes that the appeal is without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967).

            A copy of counsel’s brief was delivered to Wheeler, who was advised of her right to examine the record and to file a pro se brief. No pro se brief has been filed. After reviewing the record, we agree that the appeal is frivolous and without merit. The judgment of the trial court is therefore affirmed. Furthermore, we grant counsel’s motion to withdraw. Nichols v. State, 954 S.W.2d 83, 86 (Tex. App.—San Antonio 1997, no pet.); Bruns v. State, 924 S.W.2d 176, 177 n. 1 (Tex. App.—San Antonio 1996, no pet.).

Catherine Stone, Justice

Do Not Publish