James Robert Lavender III v. State

• Court: Court of Appeals of Texas
• Decided: September 6, 2007
• Docket: 14-06-01119-CR
• Status: Published

Opinion

Affirmed and Memorandum Opinion filed September 6, 2007

Affirmed and Memorandum Opinion filed September 6, 2007.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-01119-CR

JAMES ROBERT LAVENDER III, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 268th District Court

 Fort Bend County, Texas

Trial Court Cause No. 41,095A

M E M O R A N D U M   O P I N I O N

A jury convicted appellant of possession of a controlled substance with intent to deliver and sentenced appellant to confinement for forty years in the Institutional Division of the Texas Department of Criminal Justice.  Appellant filed a 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).  At appellant=s request, the record was provided to him.  On July 16, 2007, appellant filed a pro se response to counsel=s brief.

We have carefully reviewed the record, counsel=s brief, and appellant=s response, 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.  We are not to address the merits of each claim raised in an Anders brief or a pro se response when we have determined there are no arguable grounds for review.  See Bledsoe v. State, 178 S.W.3d 824, 827-28 (Tex. Crim. App. 2005). 

Accordingly, the judgment of the trial court is affirmed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed September 6, 2007.

Panel consists of Chief Justice Hedges, Justices Yates and Frost.

Do Not Publish C Tex.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