IN THE

TENTH COURT OF APPEALS

No. 10-02-092-CR

     LUTHER RIVERS, JR.,

                                                                         Appellant

     v.

     THE STATE OF TEXAS,

                                                                         Appellee

From the 52nd District Court

Coryell County, Texas

Trial Court # FDWI-00-15704

O P I N I O N

      Luther Rivers, Jr. pled guilty to the felony offense of driving while intoxicated. The trial court sentenced Rivers to ten years in prison. It then suspended the sentence and placed Rivers on community supervision for ten years. The trial court ultimately revoked Rivers’s community supervision and sentenced him to ten years in prison. Rivers appeals his revocation. We affirm.

      Rivers’s counsel on appeal filed an Anders brief. See Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400, 18 L. Ed. 2d 493 (1967). Counsel notified Rivers that he had the right to file his own pro-se brief. She also provided Rivers with a copy of the Anders brief and advised Rivers who to contact to request a copy of the reporter’s record and the clerk’s record. See Sowels v. State, 45 S.W.3d 690, 694 (Tex. App.—Waco 2001, no pet.). Rivers has not filed any kind of pro-se brief or other response. We now decide “whether the case is . . . frivolous” as claimed by counsel. See Taulung v. State, 979 S.W.2d 854, 855 (Tex. App.—Waco 1998, no pet.).

      Counsel reviewed the entire reporter’s record and clerk’s record. Counsel's brief also contains references to both the record and applicable statutes, rules, and cases and discusses why counsel concludes that the appeal is frivolous. See Sowels, 45 S.W.3d at 691. We have independently reviewed the record and agree that there are no issues “which might arguably support an appeal.” Id. at 691-92.

      Therefore, we affirm the order revoking Rivers’s community supervision.

      Because we are affirming the revocation order, counsel must advise Rivers of the result of this appeal and of his right to file a petition for discretionary review. Id. at 694; see also Ex parte Wilson, 956 S.W.2d 25, 27 (Tex. Crim. App. 1997).

                                                                         TOM GRAY

                                                                         Justice

Before Chief Justice Davis,

      Justice Vance, and

      Justice Gray

Affirmed

Opinion delivered and filed May 21, 2003

Do not publish

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