James Bryce Opsahl v. State

• Court: Court of Appeals of Texas
• Decided: September 1, 1999
• Docket: 04-98-00175-CR
• Status: Published

Opinion

No. 04-98-00175-CR James Bryce OPSAHL, Appellant v. The STATE of Texas, Appellee From the 194th Judicial District Court, Dallas County, Texas Trial Court No. F-9747373-RM Honorable Thomas Thorpe, Judge Presiding

Opinion by: Karen Angelini, Justice

Sitting: Catherine Stone, Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: September 1, 1999

AFFIRMED

James Bryce Opsahl pled guilty to the offense of possession with intent to deliver methamphetamine in the amount of 200 grams but less than 400 grams.⁽¹⁾ The court assessed punishment at eighteen years confinement and a $25,000 fine.

Opsahl's court-appointed attorney has filed a brief in which he concludes that this appeal is frivolous and without merit. See Anders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). The brief meets the requirements of Anders. Counsel has provided Opsahl with a copy of the brief and advised him of his right to review the record and file a pro se brief. See Nichols v. State, 954 S.W.2d 83, 85 (Tex. App.-San Antonio 1997, no pet.). This court granted Opsahl's pro se extension of time for filing his brief. Opsahl, however, has not filed a brief.

After reviewing the record and counsel's brief, we agree that the appeal is frivolous and without merit. The judgment of the trial court is affirmed, and counsel's motion to withdraw is granted. See Nichols, 954 S.W.2d at 86.

DO NOT PUBLISH

1. Opsahl pled guilty in exchange for the State abandoning an enhancement paragraph but without an agreed recommendation for punishment.