Court of Civil Appeals of Texas, 2013

Zane Thomas v. State

Zane Thomas v. State
Court of Civil Appeals of Texas · Decided March 21, 2013

Zane Thomas v. State

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-12-00138-CR NO. 03-12-00139-CR NO. 03-12-00140-CR NO. 03-12-00141-CR

Zane Thomas, Appellant v. The State of Texas, Appellee

FROM THE DISTRICT COURT OF BASTROP COUNTY, 21ST JUDICIAL DISTRICT NOS. 14,407, 14,595, 14,596, 14,655 HONORABLE REVA TOWSLEE CORBETT, JUDGE PRESIDING

MEMORANDUM OPINION

The trial court convicted appellant Zane Thomas of possession of a controlled substance weighing less than one gram, see Tex. Health & Safety Code Ann. § 481.115(b) (West 2010); two counts of burglary of a habitation, see Tex. Penal Code Ann. § 30.02 (West 2011); and theft of a firearm, see id. § 31.03(e)(4) (West 2011). The trial court sentenced appellant to fifteen years’ incarceration for the two burglary convictions and two years’ confinement in a state jail facility for both the controlled-substance and theft-of-a-firearm convictions, with sentences to run concurrently.

Appellant’s court-appointed attorney has filed a motion to withdraw supported by a brief concluding that the appeals are frivolous and without merit. The brief meets the requirements of Anders v. California by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See Anders v. California, 386 U.S. 738, 744 (1967); Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009); see also Penson v. Ohio, 488 U.S. 75, 86–87 (1988).

Appellant received a copy of counsel’s brief and was advised of his right to examine the appellate record and to file a pro se brief. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766. We have not received a pro se brief from the appellant.

We have conducted an independent review of the record, including appellate counsel’s brief, and find no reversible error. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766; Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005). We agree with counsel that the record presents no arguably meritorious grounds for review and the appeals are frivolous.

Counsel’s motion to withdraw is granted. The judgments of conviction are affirmed.

___________________________________________ Scott K. Field, Justice Before Chief Justice Jones, Justices Goodwin and Field Affirmed Filed: March 21, 2013 Do Not Publish

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