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Spells v. State

Court of Appeals of Texas, Third District, Austin
Sep 11, 2008
No. 03-08-00329-CR (Tex. App. Sep. 11, 2008)

Opinion

No. 03-08-00329-CR

Filed: September 11, 2008. DO NOT PUBLISH.

Appealed from the District Court of Bell County, 264th Judicial District No. 61981, Honorable Joe Carroll, Judge Presiding. Affirmed.

Before Chief Justice LAW, Justices PURYEAR and PEMBERTON.


MEMORANDUM OPINION


Appellant Laquinton Davon Spells pleaded guilty to an indictment accusing him of delivering more than one gram of cocaine. See Tex. Health Safety Code Ann. § 481.112 (West 2003). The court adjudged him guilty and assessed punishment, enhanced by a previous felony conviction, at twelve years' in prison. Appellant'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). Appellant 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. 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 judgment of conviction is affirmed.


Summaries of

Spells v. State

Court of Appeals of Texas, Third District, Austin
Sep 11, 2008
No. 03-08-00329-CR (Tex. App. Sep. 11, 2008)
Case details for

Spells v. State

Case Details

Full title:Laquinton Davon Spells, Appellant v. The State of Texas, Appellee

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

Date published: Sep 11, 2008

Citations

No. 03-08-00329-CR (Tex. App. Sep. 11, 2008)