Stuart Thomas Gerstacker v. Kimberly Ann Gerstacker

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-10-00873-CR

Patrick Baca, Appellant v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 277TH JUDICIAL DISTRICT NO. 07-783-K277, HONORABLE KEN ANDERSON, JUDGE PRESIDING

MEMORANDUM OPINION

In 2008, appellant Patrick Baca pled guilty to drug possession and was given five years of deferred adjudication community supervision. In 2009, the trial court adjudicated Baca’s guilt and placed him on “straight probation.” In 2010, the State filed a motion to revoke probation, alleging that Baca had violated various terms of his community supervision. The trial court held a hearing and granted the State’s motion, revoking Baca’s probation and sentencing him to five years imprisonment. Baca’s appointed attorney has filed a brief concluding that the appeal is frivolous and without merit.

Counsel’s brief meets the requirements of Anders v. California, 386 U.S. 738, 743-44 (1967), by presenting a professional evaluation of the record and demonstrating that there are no arguable grounds to be advanced. See Penson v. Ohio, 488 U.S. 75, 80 (1988); Anders, 386 U.S. at 743-44; High v. State, 573 S.W.2d 807, 811-13 (Tex. Crim. App. 1978); Currie v. State, 516 S.W.2d 684, 684 (Tex. Crim. App. 1974); Gainous v. State, 436 S.W.2d 137, 138 (Tex. Crim. App. 1969). Appellant’s attorney sent Baca a copy of the brief and advised him that he had the right to examine the record and file a pro se brief. See Anders, 386 U.S. at 744; Jackson v. State, 485 S.W.2d 553, 553 (Tex. Crim. App. 1972). No pro se brief has been filed.

We have reviewed counsel’s brief, the evidence presented to the trial court, and the procedures that were observed and find nothing in the record that might arguably support the appeal. We grant counsel’s motion to withdraw and affirm the judgment of conviction.1

___________________________________________ David Puryear, Justice Before Justices Puryear, Pemberton and Rose

Affirmed

Filed: August 4, 2011

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