TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-03-00342-CR

Fredrick Darrell Moore, Appellant v. The State of Texas, Appellee

FROM THE DISTRICT COURT OF BASTROP COUNTY, 21ST JUDICIAL DISTRICT NO. 10136, HONORABLE JOHN L. PLACKE, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant Fredrick Darrell Moore was placed on deferred adjudication community supervision after pleading no contest to an indictment accusing him of murder. See Tex. Pen. Code Ann. 19.02 (West 2003). Less than one year later, the court adjudicated appellant guilty and sentenced him to forty years in prison and a $2500 fine.

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 he was advised of his right to examine the record and 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 judgment of conviction is affirmed.

___________________________________________ David Puryear, Justice Before Chief Justice Law, Justices Patterson and Puryear Affirmed Filed: April 22, 2004 Do Not Publish