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Starnes v. State

Court of Appeals of Texas, Third District, Austin
Jan 18, 2008
No. 03-07-00484-CR (Tex. App. Jan. 18, 2008)

Opinion

No. 03-07-00484-CR

Filed: January 18, 2008. DO NOT PUBLISH.

Appealed from the District Court of Bell County, 264th Judicial District, No. 50434, Honorable Martha J. Trudo, Judge Presiding. Affirmed

Before Justices PATTERSON, PURYEAR and PEMBERTON.


MEMORANDUM OPINION


In January 2001, appellant Shelby F. Starnes was placed on deferred adjudication supervision for ten years after he pleaded guilty to the aggravated sexual assault of a child. See Tex. Penal Code Ann. § 22.021 (West Supp. 2007). On July 27, 2007, a hearing was held on the State's motion to adjudicate, and appellant pleaded true to most of the allegations contained in the motion. The court adjudged him guilty and assessed punishment at thirty years' imprisonment. 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

Starnes v. State

Court of Appeals of Texas, Third District, Austin
Jan 18, 2008
No. 03-07-00484-CR (Tex. App. Jan. 18, 2008)
Case details for

Starnes v. State

Case Details

Full title:Shelby F. Starnes, Appellant v. The State of Texas, Appellee

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

Date published: Jan 18, 2008

Citations

No. 03-07-00484-CR (Tex. App. Jan. 18, 2008)