Leroy Smith v. State of Texas

• Court: Court of Appeals of Texas
• Decided: January 9, 2002
• Docket: 09-01-00069-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-01-069 CR

LEROY SMITH, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court

Jefferson County, Texas

Trial Cause No. 80377

OPINION

Leroy Smith entered a non-negotiated no contest plea to an indictment for the state jail felony offense of delivery of a controlled substance, cocaine, in an amount less than one gram. Tex. Health & Safety Code Ann. § 481.112 (Vernon Supp. 2001). The trial court convicted and sentenced Smith to two years of confinement in a state jail facility.

After appeal was perfected, appellate counsel filed a brief in compliance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). The brief concludes that the record presents no arguable error which would support an appeal, a conclusion with which we concur. On September 20, 2001, Smith was given an extension of time in which to file a pro se brief if he so desired. Smith filed a pro se brief that asks only that his concurrent sentence in another case be reduced to a state jail felony. The appeal from that conviction has been affirmed. See Smith v. State, No. 09-01-047 CR (Tex. App.--Beaumont December 5, 2001, no pet. h.)(not designated for publication).

As there was no plea bargain agreement, we have jurisdiction over the appeal. Jack v. State, 871 S.W.2d 741 (Tex. Crim. App. 1994). It appears the appellant was duly admonished. Tex. Code Crim. Proc. Ann. art. 26.13 (Vernon 1989 & Supp. 2001). Smith signed a judicial confession admitting to having committed the offense. He does not contest the voluntariness of his guilty plea.

We have reviewed the clerk's and the reporter's records, and find no arguable error requiring us to order appointment of new counsel. Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). Accordingly, we affirm the judgment.

AFFIRMED.

PER CURIAM

Submitted on December 31, 2001

Opinion Delivered January 9, 2002

Do Not Publish

Before Walker, C.J., Burgess and Gaultney, JJ.