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Botello v. State

Court of Appeals of Texas, Third District, Austin
Aug 31, 2007
No. 03-06-00451-CR (Tex. App. Aug. 31, 2007)

Opinion

No. 03-06-00451-CR

Filed: August 31, 2007. DO NOT PUBLISH.

Appeal from the District Court Of Williamson County, 26th Judicial District, No. 05-1417-K26, Honorable Billy Ray Stubblefield, Judge Presiding.

Before Chief Justice LAW, Justices WALDROP and HENSON.


MEMORANDUM OPINION


A jury found appellant Carl Brendon Botello guilty of assault on a family member. See Tex. Penal Code Ann. § 22.01(a)(1), (b)(2) (West Supp. 2006). After appellant admitted a previous conviction alleged for enhancement, the court assessed his punishment at fifteen years' imprisonment. Appellant's court-appointed attorney filed a brief concluding that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (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). Appellant received a copy of counsel's brief and was advised of his right to examine the appellate record and to file a pro se brief. No pro se brief has been filed. 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. The judgment of conviction is affirmed.


Summaries of

Botello v. State

Court of Appeals of Texas, Third District, Austin
Aug 31, 2007
No. 03-06-00451-CR (Tex. App. Aug. 31, 2007)
Case details for

Botello v. State

Case Details

Full title:Carl Brendon Botello, Appellant v. The State of Texas, Appellee

Court:Court of Appeals of Texas, Third District, Austin

Date published: Aug 31, 2007

Citations

No. 03-06-00451-CR (Tex. App. Aug. 31, 2007)