Court of Civil Appeals of Texas, 2004

Carlos Augusto Cestero v. State

Carlos Augusto Cestero v. State
Court of Civil Appeals of Texas · Decided April 29, 2004

Carlos Augusto Cestero v. State

Opinion

Opinion issued April 29, 2004












In The

Court of Appeals

For The

First District of Texas

____________


NO. 01-03-00686-CR

____________


CARLOS AUGUSTO CESTERO, Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 209th District Court

Harris County, Texas

Trial Court Cause No. 934389




 

MEMORANDUM OPINION

               After a bench trial, the trial court found appellant, Carlos Augusto Cestero, guilty of the state jail felony offense of possession of less than one gram of cocaine. The trial court assessed punishment at confinement in state jail for two years, suspended the sentence and placed appellant on community supervision for three years, and imposed a fine of $500. We affirm.

               Appellant’s court-appointed counsel filed a motion to withdraw as counsel and a brief concluding that this appeal is without merit. Counsel’s brief meets the requirements of Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967), by presenting a professional evaluation of the record that demonstrates the lack of arguable grounds of error. See High v. State, 573 S.W.2d 807, 811 (Tex. Crim. App. 1978); Moore v. State, 845 S.W.2d 352, 353 (Tex. App.—Houston [1st Dist.] 1992, pet. ref’d).

               Counsel represents that she served a copy of the brief on appellant. Counsel also advised appellant of his right to examine the appellate record and file a pro se brief. See Stafford v. State, 813 S.W.2d 503, 510 (Tex. Crim. App. 1991). More than 30 days have passed, and appellant has not filed a pro se brief. We have carefully reviewed the record and counsel’s brief. We find no reversible error in the record, and agree that the appeal is without merit.

               We grant counsel’s motion to withdraw. See Stephens v. State, 35 S.W.3d 770, 771 (Tex. App.—Houston [1st Dist.] 2000, no pet.).

               We affirm the trial court’s judgment.

PER CURIAM

Panel consists of Justices Nuchia, Jennings, and Keyes.

Do not publish. Tex. R. App. P. 47.2(b).

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