Freddie Williams v. State ( 2005 )

                                                                                    NO. 12-04-00250-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

FREDDIE WILLIAMS,                                     §                 APPEAL FROM THE 241ST

APPELLANT

V.                                                                         §                 JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE                                                        §                 SMITH COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            Appellant Freddie Williams pleaded guilty to second-degree felony possession of a controlled substance and was sentenced to fifteen years of imprisonment. Appellant’s counsel has filed an Anders brief, stating that the record does not present any meritorious points for appeal. Appellant has not filed a pro se brief. We affirm.

Background

            Appellant was charged by indictment with second-degree felony possession of a controlled substance on April 1, 2004. On June 28, the State filed a notice of intent to enhance punishment because Appellant had a previous felony conviction. On June 29, Appellant agreed to plead guilty to the offense after the State agreed to withdraw the motion to enhance. On July 9, at the conclusion of Appellant’s punishment hearing, the trial court sentenced Appellant to fifteen years of imprisonment. Appellant timely filed his notice of appeal on July 12.

Analysis Pursuant to Anders v. California

            Appellant’s counsel has filed a brief in compliance with Anders and Gainous v. State, 436 S.W.2d 137, 138 (Tex. Crim. App. 1969), stating that he has diligently reviewed the appellate record and is of the opinion that the record reflects no reversible error and that there is no error upon which an appeal can be predicated. He further relates that he is well acquainted with the facts in this case. In compliance with Anders, Gainous, and High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. 1978), Appellant’s brief presents a chronological summation of the procedural history of the case and further states that Appellant’s counsel is unable to raise any arguable issues for appeal.

            After conducting an independent examination of the record, we conclude that there are no arguable grounds for appeal. As required by Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991), Appellant’s counsel has moved for leave to withdraw. We carried the motion for consideration with the merits of the appeal. Having done so and finding no reversible error, Appellant’s counsel’s motion for leave to withdraw is granted and the trial court’s judgment is affirmed.

Opinion delivered July 20, 2005.

Panel consisted of Worthen, C.J., Griffith, J., and DeVasto, J.

(DO NOT PUBLISH)