Gage, Vernon Lee v. State

• Court: Court of Appeals of Texas
• Decided: June 12, 2003
• Docket: 14-02-01105-CR
• Status: Published

Opinion

Affirmed and Opinion filed June 12, 2003

Affirmed and Opinion filed June 12, 2003.

In The

Fourteenth Court of Appeals

____________

NO. 14-02-01105-CR

VERNON LEE GAGE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 177th District court

Harris County, Texas

Trial Court Cause No. 674,363

M E M O R A N D U M   O P I N I O N

On January 31, 1994, appellant entered a negotiated plea of nolo contendere to the offense of indecency with a child.  Punishment as assessed at ten years= deferred adjudication and a $1,500 fine.  The State filed a motion to adjudicate guilt on August 1, 2002.  Appellant entered a plea of true to the allegations in the motion, and pursuant to a plea bargain agreement, the trial court adjudicated his guilt and sentenced him to confinement for three years in the Institutional Division of the Texas Department of Criminal Justice.  Appellant filed a pro se notice of appeal.

Appellant=s appointed counsel filed a brief in which he concludes the appeal is wholly frivolous and without merit.  The brief meets the requirements of Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967), by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced.  See High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978).

A copy of counsel=s brief was delivered to appellant.  Appellant was advised of the right to examine the appellate record and file a pro se response.  See Stafford v. State, 813 S.W.2d 503, 510 (Tex. Crim. App. 1991).  As of this date, no pro se response has been filed.

We have carefully reviewed the record and counsel=s brief and agree the appeal is wholly frivolous and without merit.  Further, we find no reversible error in the record.  A discussion of the brief would add nothing to the jurisprudence of the state.

Accordingly, the judgment of the trial court is affirmed.

PER CURIAM

Judgment rendered and Opinion filed June 12, 2003.

Panel consists of Chief Justice Brister and Justices Fowler and Edelman.

Do Not Publish C Tex. R. App. P. 47.2(b).