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Montgomery v. State

Court of Appeals of Texas, Fifth District, Dallas
Feb 6, 2008
Nos. 05-07-00226-CR, 05-07-00227-CR (Tex. App. Feb. 6, 2008)

Opinion

Nos. 05-07-00226-CR, 05-07-00227-CR

Opinion Filed February 6, 2008. DO NOT PUBLISH, Tex. R. App. P. 47

On Appeal from the 265th Judicial District Court Dallas County, Texas, Trial Court Cause Nos. F05-43993-MR, F05-44019-MR.

Before Justices O'NEILL, RICHTER, and LANG.


MEMORANDUM OPINION


Brandon Lakeith Montgomery waived a jury and pleaded guilty to aggravated robbery with a deadly weapon, a knife, and aggravated assault. See Tex. Pen. Code Ann. §§ 22.02(a), 29.03(a) (Vernon 2003 Supp. 2007). Pursuant to plea agreements, the trial court deferred adjudicating guilt, placed appellant on ten years' community supervision, and assessed a $1500 fine in each case. The State later moved to proceed with adjudication of guilt, alleging appellant violated the terms of his community supervision. The trial court granted the motions, adjudicated appellant guilty in each case, and assessed punishment, enhanced by a prior felony conviction, at forty-five years' imprisonment for aggravated robbery and twenty-five years' imprisonment for aggravated assault. Appellant's attorney filed a brief in which he concludes these appeals are wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967). The brief presents a professional evaluation of the record showing why, in effect, there are no arguable grounds to advance. See High v. State, 573 S.W.2d 807, 811 (Tex.Crim.App. [Panel Op.] 1978). Counsel delivered a copy of the brief to appellant. Appellant filed a pro se response raising several issues. We have reviewed the record, counsel's brief, and appellant's pro se response. See Bledsoe v. State, 178 S.W.3d 824 (Tex.Crim.App. 2005). We agree these appeals are frivolous and without merit. We find nothing in the record that might arguably support these appeals. We affirm the trial court's judgment in each case.


Summaries of

Montgomery v. State

Court of Appeals of Texas, Fifth District, Dallas
Feb 6, 2008
Nos. 05-07-00226-CR, 05-07-00227-CR (Tex. App. Feb. 6, 2008)
Case details for

Montgomery v. State

Case Details

Full title:BRANDON LAKEITH MONTGOMERY, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Feb 6, 2008

Citations

Nos. 05-07-00226-CR, 05-07-00227-CR (Tex. App. Feb. 6, 2008)