Reveile, Dwayne Glenn v. State

• Court: Court of Appeals of Texas
• Decided: August 29, 2002
• Docket: 01-01-00485-CR
• Status: Published

Opinion

Opinion issued August 29, 2002

In The

Court of Appeals

For The

First District of Texas

NO. 01-01-00485-CR

DWAYNE GLENN REVEILE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 176th District Court

Harris County, Texas

Trial Court Cause No. 853255

O P I N I O N

Appellant, Dwayne Glenn Reveile, was indicted for assault of a family member. The indictment alleged a single enhancement for a prior conviction for assault of a family member. Appellant pleaded guilty, and the trial judge, in accordance with a plea agreement between appellant and the State, assessed punishment at six years community supervision

Subsequently, the State filed a motion to revoke community supervision, alleging, among other things, that appellant violated the terms of his community supervision by committing a new law violation. Appellant pled true to the allegation of the State's motion to revoke probation, and the trial judge, in accordance with a new plea agreement between appellant and the State, assessed punishment at four years confinement.

Counsel has filed a brief stating his opinion that the appeal is frivolous. The brief meets the minimum requirements of Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967), by presenting a professional evaluation of the record and stating why there are no arguable grounds of error on appeal. See Gainous v. State, 436 S.W.2d 137, 138 (Tex. Crim. App. 1969).

Counsel certifies that the brief was delivered to appellant and that he advised appellant of his right to file a pro se response. Appellant's motion to extend the filing deadline for his pro se response was granted. Over forty-five days have passed, and appellant has not filed a pro se response.

We have reviewed the record and counsel's brief. We hold there are no arguable grounds for appeal.

We affirm the judgment.

Counsel has a duty to inform appellant of the result of this appeal and also to inform appellant that he may, on his own, pursue discretionary review in the Court of Criminal Appeals. See Ex parte Wilson, 956 S.W.2d 25, 27 (Tex. Crim. App. 1997).

PER CURIAM

Panel consists of Justices Hedges, Jennings, and Radack.

Do not publish. Tex. R. App. P. 47.