James Edward Haggerty v. State

• Court: Court of Appeals of Texas
• Decided: December 21, 2006
• Docket: 14-06-00337-CR
• Status: Published

Opinion

Affirmed and Memorandum Opinion filed December 21, 2006

Affirmed and Memorandum Opinion filed December 21, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-00337-CR

JAMES EDWARD HAGGERTY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 178th District Court

Harris County, Texas

Trial Court Cause No. 1034602

M E M O R A N D U M   O P I N I O N

After a jury trial, appellant was convicted of delivery of less than one gram of cocaine.  On  April 5, 2006, the trial court sentenced appellant to confinement for three years in the Institutional Division of the Texas Department of Criminal Justice.  Appellant filed a timely, written 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 requirement of Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967), 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, more than sixty days have elapsed, and 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 Memorandum Opinion filed December 21, 2006.

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

Do Not Publish C Tex.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