Michael Angelo Garcia, 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

Michael Angelo Garcia pled guilty to the offense of possession of 400 grams or more of a controlled substance (cocaine) with intent to deliver, and a jury assessed a sentence of sixty years' imprisonment.   See Tex. Health & Safety Code § 481.115(f) (West 2010).

Garcia'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 Garcia 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.   Garcia requested and received three extensions of time to file his pro se brief but ultimately failed to do so.

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