Stephen Burkes v. State

• Court: Court of Appeals of Texas
• Decided: November 1, 2007
• Docket: 14-07-00384-CR
• Status: Published

Opinion

Affirmed and Memorandum Opinion filed November 1, 2007

Affirmed and Memorandum Opinion filed November 1, 2007.

In The

Fourteenth Court of Appeals

____________

NO. 14-07-00384-CR

STEPHEN BURKES, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 149th District Court

 Brazoria County, Texas

Trial Court Cause No. 51,898

M E M O R A N D U M   O P I N I O N

Appellant entered a plea of guilty to the offense of possession of a controlled substance.  On April 23, 2007, the trial court sentenced appellant to confinement for four  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 she concludes 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 and demonstrating why there are no arguable grounds to be advanced.  See High v. State, 573 S.W.2d 807, 811-12 (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, more than sixty days has elapsed and no pro se response has been filed.

We have carefully reviewed the record and counsel=s brief and agree the appeal is wholly frivolous and without merit.  See Bledsoe v. State, 178 S.W.3d 824, 827-28 (Tex. Crim. App. 2005).  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 Memorandum Opinion filed November 1, 2007.

Panel consists of Chief Justice Hedges, Justices Frost and Seymore.

Do Not Publish C Tex. R. App. P. 47.2(b).