Shafer v. StateShafer v. State
- Reporters:
- ,
- Before:
- Ovard
OPINION
OVARD, Justice.Rex Barlow Shafer appeals his conviction for theft of property. Pursuant to a plea bargain agreement, Shafer pleaded guilty to the offense alleged in the indictment and pleaded true to the enhancement paragraph. The trial court sentenced Shafer to six years’ confinement and a $500 fine.
Shafer’s attorney has filed a brief in which he has concluded that the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), by presenting a professional evaluation of the record demonstrating why, in effect, there are no meritorious grounds to be advanced. See High v. State, 573 S.W.2d 807 (Tex.Crim.App.1978); Currie v. State, 516 S.W.2d 684 (Tex.Crim. App.1974); Gainous v. State, 436 S.W.2d 137 (Tex.Crim.App.1969). Shafer’s attorney does, however, assert two arguable points of error: (1) Shafer received ineffective assistance of counsel; and (2) the trial court’s sentence constitutes imprisonment for debt. A copy of counsel’s brief has been delivered to Shafer and he has been advised that he would be given the opportunity to examine the appellate record and that he had a right to file a pro se brief. No pro se brief has been filed.
In arguable point of error one, Shafer’s attorney asserts that Shafer received ineffective assistance of counsel. He contends that trial counsel failed to investigate the offense fully and failed to advise him as to the law applicable to the charge.
We note that Shafer’s notice of appeal does not comply with rule 40(b)(1) of the Rules of Appellate Procedure.
1
That rule provides that, where a defendant pleads guilty and punishment is assessed in accordance with a plea bargain, “in order to prosecute an appeal for a nonjurisdic-tional defect or error that occurred prior to
*736
entry of the plea the notice shall state that the trial court granted permission to appeal or shall specify that those matters were raised by written motion and ruled on before trial.”
In his second arguable point, Shafer’s attorney asserts that the trial court erred in assessing a fine against him. He claims that since he is indigent, assessing a fine against him which he cannot pay, constitutes imprisonment for debt.
See
The Equal Protection Clause of the United States Constitution’s Fourteenth Amendment prohibits the imprisonment of an indigent person for failure to
immediately
pay a fine.
Tate v. Short,
401 U.S. 395, 398, 91 S.Ct. 668, 670, 28 L.Ed.2d 130 (1971);
see
Shafer‘s claim that his imprisonment for failure to pay his fine would violate article one, section eighteen of the Texas Constitution is without merit.
See
We have reviewed the record and counsel’s brief and agree that 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.
*737 EXHIBIT I
[[Image here]]
*738 [[Image here]]
Notes
. A copy of the document filed by Shafer, entitled Defendant’s Notice of Appeal, Designation of Record & Motion for Appointment of Counsel on Appeal, is attached to this opinion as Exhibit I.
. We are aware of the recent case of Riley v. State, 825 S.W.2d 699 (Tex.Crim.App.1992), holding that where the record included a trial court order that contained all information required by rule 40(b)(1), the Court of Appeals was not denied jurisdiction due to a defective notice of appeal. That case is not applicable here.