Gregory Harold Oakes, Appellant v. The State of Texas, Appellee (2013)

M E M O R A N D U M O P I N I O N

Gregory Harold Oakes plead guilty to possession of marijuana in a drug-free zone in an amount of five pounds or less but more than four ounces, and the trial court assessed punishment at five years' imprisonment.   See Tex. Health & Safety Code §§ 481.121, .134.

Oakes's court-appointed attorney has filed a motion to withdraw supported by a brief concluding that this appeal is frivolous and without merit.   The brief meets the requirements of Anders v. California, 386 U.S. 738, 744 (1967), by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced.   See also Penson v. Ohio, 488 U.S. 75 (1988);  High v. State, 573 S.W.2d 807 (Tex.Crim.App.1978);  Currie v. State, 516 S.W.2d 684 (Tex.Crim.App.1974);  Jackson v. State, 485 S.W.2d 553 (Tex.Crim.App.1972);  Gainous v. State, 436 S.W.2d 137 (Tex.Crim.App.1969).   Counsel sent a copy of the brief to Oakes and advised him of his right to examine the appellate record and to file a pro se brief.   See Anders, 386 U.S. at 744.   Oakes did not file a pro se brief and did not request an extension of time.

We have reviewed the record and find no reversible error.   See Garner v. State, 300 S.W.3d 763, 766 (Tex.Crim.App.2009);  Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex.Crim.App.2005).   We agree with counsel that the appeal is frivolous, and his motion to withdraw is granted.   The judgment of conviction is affirmed.

Jeff Rose, Justice