CHARLES JEFFERY HIBBLER v. THE STATE OF TEXAS (2011)

MEMORANDUM OPINION

Opinion By Justice FitzGerald

Charles Jeffery Hibbler appeals from the adjudication of his guilt for the offense of possession of cocaine in an amount of less than one gram in a drug-free zone.   See Tex. Health & Safety Code Ann. §§ 481.115(a), (b), 481.134(a)(2) (West Supp.2010).   The trial court assessed punishment at ten years' imprisonment.   On appeal, appellant's attorney filed a brief in which he 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.

KERRY P. FITZGERALD JUSTICE