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Calliham v. State

Court of Appeals of Texas, Fourteenth District, Houston
Jun 1, 2006
No. 14-05-01080-CR (Tex. App. Jun. 1, 2006)

Opinion

No. 14-05-01080-CR

Memorandum Opinion filed June 1, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 180th District Court, Harris County, Texas, Trial Court Cause No. 950,522. Affirmed.

Panel consists of Justices HUDSON, FOWLER, and SEYMORE.


MEMORANDUM OPINION


Appellant was charged with capital murder. He entered a plea of nolo contendere to the lesser offense of aggravated robbery and the trial court deferred adjudication of guilt. Appellant was placed under community supervision for a period of ten years. Subsequently, the State filed a motion to adjudicate guilt. The trial court found the allegations in the motion to be true and found appellant guilty of aggravated robbery. The trial court sentenced appellant to confinement for forty-five years in the Institutional Division of the Texas Department of Criminal Justice and assessed a fine of $1,500. Appellant filed a notice of appeal. Appellant's appointed counsel filed a brief in which he concludes 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 (1967), presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See High v. State, 573 S.W.2d 807 (Tex.Crim.App. 1978). A copy of counsel's brief was delivered to appellant. Appellant was advised of the right to examine the appellate record and file a pro se response. See Stafford v. State, 813 S.W.2d 503, 510 (Tex.Crim.App. 1991). As of this date, no pro se response has been filed. We have carefully reviewed the record and counsel's brief and agree the appeal is wholly frivolous and without merit. Further, we find no reversible error in the record. A discussion of the brief would add nothing to the jurisprudence of the state. Accordingly, the judgment of the trial court is affirmed.


Summaries of

Calliham v. State

Court of Appeals of Texas, Fourteenth District, Houston
Jun 1, 2006
No. 14-05-01080-CR (Tex. App. Jun. 1, 2006)
Case details for

Calliham v. State

Case Details

Full title:KENNY EARL CALLIHAM, Appellant, v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fourteenth District, Houston

Date published: Jun 1, 2006

Citations

No. 14-05-01080-CR (Tex. App. Jun. 1, 2006)