CLIFFORD LEE HOPKINS JR v. THE STATE OF TEXAS (2010)

MEMORANDUM OPINION

Opinion By Justice Morris

In this case, Clifford Lee Hopkins, Jr. waived a jury, pleaded guilty to possession of cocaine in an amount of less than one gram, and pleaded true to one enhancement paragraph contained in the indictment.   After finding appellant guilty and the enhancement paragraph true, the trial court assessed punishment at seven years' imprisonment and a $2000 fine.   On appeal, appellant's attorney filed a brief in which she concludes the appeal is wholly frivolous and without merit.   The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967).   The brief presents a professional evaluation of the record showing why, in effect, there are no arguable grounds to advance.   See High v. State, 573 S.W.2d 807, 811 (Tex.Crim.App. [Panel Op.] 1978).   Counsel delivered a copy of the brief to appellant.   We advised appellant of his right to file a pro se response, but he did not file a pro se response.

We have reviewed the record and counsel's brief.   See Bledsoe v. State, 178 S.W.3d 824, 827 (Tex.Crim.App.2005) (court of appeals's duty is to determine whether there are any arguable issues, and, if so, to remand the case to the trial court so that new counsel may be appointed to address those issues).   We agree the appeal is frivolous and without merit.   We find nothing in the record that might arguably support the appeal.

We affirm the trial court's judgment.

JOSEPH B. MORRIS JUSTICE