Nicholson, John Jon v. State

Opinion

Affirmed and Opinion filed June 27, 2002

Affirmed and Opinion filed June 27, 2002.

In The

Fourteenth Court of Appeals

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NO. 14-01-00934-CR

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JOHN JON NICHOLSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 182nd District Court

Harris County, Texas

Trial Court Cause No. 870,073

M E M O R A N D U M  O P I N I O N

Appellant entered a plea of no contest to felony driving while intoxicated.  On August 6, 2001, the trial court sentenced appellant to confinement for three 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 that 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 that 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 27, 2002.

Panel consists of Chief Justice Brister and Justices Anderson and Frost.

Do not publish C Tex. R. App. P. 47.3(b).