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 2003-05

Debbie Lynn Lovelace v. State ( 2003 )


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  •                                                              11th Court of Appeals

                                                                      Eastland, Texas

                                                                            Opinion

     

    Debbie Lynn Lovelace

    Appellant

    Vs.                   No. 11-02-00166-CR B Appeal from Baylor County

    State of Texas

    Appellee

     

    The jury convicted appellant of misdemeanor driving while intoxicated.[1] Punishment was assessed at confinement for 1 year (suspended for 2 years) and a 180-day license suspension.[2]  This court affirmed the conviction but reversed and remanded for a new punishment hearing.  Debbie Lynn Lovelace v. State, No. 11-99-00193-CR (Tex.App. - Eastland, March 1, 2001, no pet=n)(not published).  On April 23, 2002, the trial court sentenced appellant to confinement for 120 days in the Baylor County Jail.  Appellant has perfected this appeal from the April 23 sentencing.  We affirm.

     In his brief, counsel states that there are no errors apparent from the sentencing hearing. Counsel concludes that the appeal is wholly frivolous and without merit.

    Counsel has furnished appellant with a copy of the brief and has advised appellant of her right to review the record and file a pro se brief.  A pro se brief has not been filed.  Counsel has complied with the procedures outlined in Anders v. California, 386 U.S. 738 (1967); Stafford v. State, 813 S.W.2d 503 (Tex.Cr.App.1991); High v. State, 573 S.W.2d 807 (Tex.Cr.App.1978); Currie v. State, 516 S.W.2d 684 (Tex.Cr.App.1974); and Gainous v. State, 436 S.W.2d 137 (Tex.Cr.App.1969).

    Following the procedures outlined in Anders, we have independently reviewed the record.  We agree that the appeal is without merit.

    The judgment of the trial court is affirmed.

     

    PER CURIAM

     

    May 8, 2003                                                               

    Do not publish.  See TEX.R.APP.P. 47.2(b).

    Panel consists of: Arnot, C.J., and

    Wright, J., and McCall, J.


    [1]TEX. PENAL CODE ANN. ' 49.04 (Vernon 2003) defines the offense and declares it to be a Class B misdemeanor.

    [2]TEX. PENAL CODE ANN. ' 12.22 (Vernon 2003) provides that a person convicted of a Class B misdemeanor shall be punished by a fine not to exceed $2,000, by confinement not to exceed 180 days, or by both a fine and a period of confinement.