Marion D. Caddell v. State

In The Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-07-00061-CR ______________________________ MARION D. CADDELL, Appellant

V. THE STATE OF TEXAS, Appellee

On Appeal from the 241st Judicial District Court

Smith County, Texas Trial Court No. 241-0186-07

Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Justice Moseley

MEMORANDUM OPINION

Marion D. Caddell appeals from his jury conviction for delivery of a controlled substance. See TEX . HEALTH & SAFETY CODE ANN . § 481.112(c) (Vernon 2003). Caddell pled "true" to one enhancement allegation. The jury assessed punishment at life imprisonment and a $10,000.00 fine. Caddell was represented by retained counsel at trial and by different, appointed, counsel on appeal.

Appellate counsel filed a brief October 25, 2007, under the mandate of Anders v. California, 386 U.S. 738 (1967), and Ex parte Senna, 606 S.W.2d 329, 330 (Tex. Crim. App. 1980), and has accordingly also filed a motion to withdraw. Counsel sent Caddell a copy of the brief, as well as copies of the clerk's and reporter's records, and advised Caddell by letter he believes there are no arguable contentions of error. He also informed Caddell of his right to review the record and file a pro se response. Caddell requested an extension of time to file a response. That extension expired December 27, 2007. Caddell has not filed a response, nor has he requested an additional extension of time in which to file such a response.

Counsel has filed a brief which discusses the record and reviews the proceedings. Counsel has thus provided a professional evaluation of the record demonstrating why, in effect, there are no arguable grounds to be advanced, as required by High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. [Panel Op.] 1978). See also Stafford v. State, 813 S.W.2d 503, 510 n.3 (Tex. Crim. App. 1991). Counsel concluded from his review of the record there is no arguable point of error to support the appeal.

Counsel further states in the brief that the indictment is sufficient to support the conviction, that all pretrial motions were properly ruled on, and that Caddell received a fair trial. He also states that, although Caddell received the maximum possible sentence, it was within the range available and, due to the fact that Caddell had seven prior felony convictions, appellate counsel could not say the sentence was illegal or disproportionate. Counsel's statements are supported by the record.

We have reviewed the record and find the evidence sufficient to support the conviction. We agree with counsel there are no arguable points of error in this case.1

We affirm the judgment of the trial court.

Bailey C. Moseley Justice

Date Submitted: January 31, 2008 Date Decided: February 7, 2008 Do Not Publish