Darrell Allen v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-00-00457-CR Darrell Allen, Appellant v. The State of Texas, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 331ST JUDICIAL DISTRICT

NO. 0972680, HONORABLE BOB PERKINS, JUDGE PRESIDING

The district court found appellant Darrell Allen guilty of possessing cocaine and assessed punishment at incarceration in a state jail for two years. See Tex. Health & Safety Code Ann. § 481.115(a), (b) (West Supp. 2001). The court suspended imposition of sentence and placed appellant on community supervision. One year later, following a hearing on the State’s motion, the court revoked supervision and imposed sentence.

Appellant’s court-appointed attorney filed a brief concluding that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U. S. 738 (1967), by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See also Penson v. Ohio, 488 U.S. 75 (1988); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978); Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974); Jackson v. State, 485 S.W.2d 553 (Tex. Crim. App. 1972); Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969). A copy of counsel’s brief was delivered to appellant, and appellant was advised of his right to examine the appellate record and to file a pro se brief. No pro se brief has been filed.

We have reviewed the record and counsel’s brief and agree that the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal.

The order revoking supervision is affirmed.

__________________________________________ Mack Kidd, Justice

Before Justices Kidd, B. A. Smith and Puryear Affirmed Filed: February 1, 2001 Do Not Publish