Phillips, Darrell Wayne v. Texas, the State Of

• Court: Court of Appeals of Texas
• Decided: February 28, 1995
• Docket: 05-92-01935-CR
• Status: Published

Opinion

(tftmri at Appeals mttl| Ststrtct at ftexns at Dallas JUDGMENT

DARRELL WAYNE PHILLIPS, Appeal from the 292nd District.Courtof lant Dallas County, Texas. (Tr.Ct.No. F92- PP 41539-JV). No. 05-92-01935-CR V. Opinion delivered per curiam, before Justices Lagarde, Chapman, and James. THE STATE OF TEXAS, Appellee

Based on the Court's opinion of this date, the judgment of the trial court is AFFIRMED.

Judgment entered February 28, 1995.

TOM JAME JUSTICE AFFIRMED and Opinion Filed February 28, 1995

In The

(tart of Appeals mtttf Ststrtrt of Okxas at laitas No. 05-92-01935-CR

DARRELL WAYNE PHILLIPS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 292nd District Court Dallas County, Texas Trial Court Cause No. F92-41539-JV

OPINION PER CURIAM

Before Justices Lagarde, Chapman, and James

Darrell Wayne Phillips appeals his conviction for burglary of avehicle. Appellant pleaded guilty to the offense alleged in the indictment without the benefit of aplea bargain agreement on punishment. Appellant also pleaded true to the enhancement paragraphs. The trial court found appellant guilty and assessed a thirty-five-year sentence. i

Appellant's attorney filed abrief in which he concludes that the appeal is wholly frivolous and without merit. The brief meets the requirements ofAnders v. California, 386 U.S. 738 (1967). The brief presents aprofessional evaluation of the record showing why, in effect, there are no arguable grounds to advance. See High v. State, 573 S.W.2d 807 (Tex. Crim. App. [Panel Op.] 1978). Counsel. deUvered a copy of the brief to appeUant. We advised appellant he has a right to file a pro se brief. AppeUant did not file a pro se brief.

We have reviewed the record and counsel's brief. We agree the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal. We have also considered the motion of appeUant's counsel to withdraw. We grant the motion to withdraw. See Stafford v. State, 813 S.W,2d 503, 511 (Tex. Crim. App. 1991). We affirm the trial court's judgment.

PER CURIAM

Do Not Publish Tex. R. App. P. 90 921935F.U05

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