From Casetext: Smarter Legal Research

Botello v. State

Court of Appeals of Texas, Third District, Austin
Jul 2, 2008
No. 03-07-00680-CR (Tex. App. Jul. 2, 2008)

Opinion

No. 03-07-00680-CR

Filed: July 2, 2008. DO NOT PUBLISH.

Appealed from the District Court of Lampasas County, 27th Judicial District, No. 7964, Honorable Joe Carroll, Judge Presiding. AFFIRMED.

Before Justices PATTERSON, PURYEAR and HENSON.


MEMORANDUM OPINION


Appellant Alonzo Moses Botello'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). Botello 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. Botello filed a written response with this Court on June 6, 2008, which we have considered as a pro se brief. We have reviewed the record, counsel's brief, and Botello's written response and we agree that the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex.Crim.App. 2005). Counsel's motion to withdraw is granted. The judgment of conviction is affirmed.


Summaries of

Botello v. State

Court of Appeals of Texas, Third District, Austin
Jul 2, 2008
No. 03-07-00680-CR (Tex. App. Jul. 2, 2008)
Case details for

Botello v. State

Case Details

Full title:Alonzo Moses Botello, Appellant v. The State of Texas, Appellee

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

Date published: Jul 2, 2008

Citations

No. 03-07-00680-CR (Tex. App. Jul. 2, 2008)