From Casetext: Smarter Legal Research

Lewis v. State

Court of Appeals of Texas, Eighth District, El Paso
Nov 17, 2005
No. 08-05-00129-CR (Tex. App. Nov. 17, 2005)

Opinion

No. 08-05-00129-CR

November 17, 2005. DO NOT PUBLISH.

Appeal from the Criminal District Court #3 of Dallas County, Texas, (Tc# F-0473091-Tj).

Before BARAJAS, C.J., McCLURE, and CHEW, JJ.


OPINION


Appellant Vernon Wade Lewis, Jr. was charged by indictment with aggravated assault with a deadly weapon. Appellant signed a request for referral to a magistrate. Appellant entered an open plea of guilty to the offense. The magistrate deferred findings of guilt to the sentencing proceeding. Following a hearing, the trial court found there was sufficient evidence to sustain a guilty finding for the offense beyond a reasonable doubt. The trial court found Appellant guilty and assessed punishment at 6 years' imprisonment in the Institutional Division of the Texas Department of Criminal Justice. The trial court certified that is not a plea-bargain case and that Appellant has the right of appeal. Appellant's motion for new trial was denied and he timely filed his notice of appeal. Appellant's court-appointed counsel has filed a brief in which she 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, reh. denied, 388 U.S. 924, 87 S.Ct. 2094, 18 L.Ed.2d 1377 (1967), by presenting a professional evaluation of the record demonstrating why, in effect, there are no arguable 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); Jackson v. State, 485 S.W.2d 553 (Tex.Crim.App. 1972); Gainous v. State, 436 S.W.2d 137 (Tex.Crim.App. 1969). A copy of counsel's brief has been delivered to Appellant, and Appellant has been advised of his right to examine the appellate record and file a pro se brief. No pro se brief has been filed. We have carefully reviewed the entire record and counsel's brief and agree that the appeal is wholly frivolous and without merit. Further, we find nothing in the record that might arguably support the appeal. A discussion of the contentions advanced in counsel's brief would add nothing to the jurisprudence of the state. The judgment is affirmed.


Summaries of

Lewis v. State

Court of Appeals of Texas, Eighth District, El Paso
Nov 17, 2005
No. 08-05-00129-CR (Tex. App. Nov. 17, 2005)
Case details for

Lewis v. State

Case Details

Full title:VERNON WADE LEWIS, JR., Appellant, v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Eighth District, El Paso

Date published: Nov 17, 2005

Citations

No. 08-05-00129-CR (Tex. App. Nov. 17, 2005)