Oviedo, Melesio v. State

• Court: Court of Appeals of Texas
• Decided: November 21, 2002
• Docket: 14-02-00185-CR
• Status: Published

Opinion

Affirmed and Opinion filed November 21, 2002

Affirmed and Opinion filed November 21, 2002.

In The

Fourteenth Court of Appeals

____________

NOS. 14-02-00185-CR &

      14-02-00186-CR

MELESIO OVIEDO, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 155th District Court

Waller County, Texas

Trial Court Cause No. 01-06-10,715 & 01-06-10,716

O P I N I O N

Following a jury trial, appellant was convicted two counts of delivery of a controlled substance.  The judge assessed punishment in trial court cause number 01-06-10,715 at confinement for five years in the Institutional Division of the Texas Department of Criminal Justice (TDCJ).  In trial court cause number 01-06-10,716, the judge sentenced appellant to two years in the State Jail Division of TDCJ.  Appellant filed timely notices of appeal.

Appellant's appointed counsel filed briefs in each cause number in which he concludes that the appeals are wholly frivolous and without merit.  The briefs meet the requirements of Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (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).

Copies of counsel=s briefs were delivered to appellant.  Appellant was advised of the right to examine the appellate record and file a pro se response in each cause.  See Stafford v. State, 813 S.W.2d 503, 510 (Tex. Crim. App. 1991).  A copy of the record in each cause was delivered to appellant on September 7, 2002. As of this date, no pro se response has been filed.

We have carefully reviewed the record and counsel=s briefs and agree that the appeals are 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 judgments of the trial court are affirmed.

PER CURIAM

Judgment rendered and Opinion filed November 21, 2002.

Panel consists of Justices Edelman, Seymore, and Fowler.

Do not publish C Tex.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