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Perry v. State

Court of Appeals of Texas, Third District, Austin
Oct 16, 2008
No. 03-08-00272-CR (Tex. App. Oct. 16, 2008)

Opinion

No. 03-08-00272-CR

Filed: October 16, 2008. DO NOT PUBLISH.

Appealed from the District Court of Milam County, 20th Judicial District, No. CR20958, Honorable ED Magre, Judge Presiding. Affirmed

Before Chief Justice LAW, Justices PURYEAR and PEMBERTON.


MEMORANDUM OPINION


In July 2004, appellant Christina Marie Perry pleaded guilty to burglary of a habitation, was adjudged guilty, and sentenced to ten years in prison. See Tex. Penal Code Ann. § 30.02 (West 2003). Pursuant to a plea bargain, the district court suspended imposition of sentence and placed appellant on community supervision. She now appeals from the court's April 2008 order revoking supervision and imposing sentence. Appellant's court-appointed attorney has filed a motion to withdraw and a supporting 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 her 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. Counsel's motion to withdraw is granted. The order revoking community supervision is affirmed.


Summaries of

Perry v. State

Court of Appeals of Texas, Third District, Austin
Oct 16, 2008
No. 03-08-00272-CR (Tex. App. Oct. 16, 2008)
Case details for

Perry v. State

Case Details

Full title:Christina Marie Perry, Appellant v. The State of Texas, Appellee

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

Date published: Oct 16, 2008

Citations

No. 03-08-00272-CR (Tex. App. Oct. 16, 2008)