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Carter v. State

Court of Appeals of Texas, Third District, Austin
Jan 12, 2006
Nos. 03-05-00575-CR, 03-05-00576-CR (Tex. App. Jan. 12, 2006)

Opinion

Nos. 03-05-00575-CR, 03-05-00576-CR

Filed: January 12, 2006. DO NOT PUBLISH.

Appeal from the District Court of Bell County, 264th Judicial District, Nos. 57670 57671, Honorable Martha J. Trudo, Judge Presiding. Affirmed.

Before Justices B.A. SMITH, PATTERSON and PURYEAR.


MEMORANDUM OPINION


Appellant Marvin Wayne Carter pleaded guilty to two indictments accusing him of felony driving while intoxicated. See Tex. Pen. Code Ann. § 49.04(a) (West 2003), § 49.09(b)(2) (West Supp. 2005). The district court adjudged him guilty and assessed punishment in each cause at ten 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 records and counsel's brief and agree that the appeals are frivolous and without merit. We find nothing in the records that might arguably support the appeals. Counsel's motions to withdraw are granted. The judgments of conviction are affirmed.


Summaries of

Carter v. State

Court of Appeals of Texas, Third District, Austin
Jan 12, 2006
Nos. 03-05-00575-CR, 03-05-00576-CR (Tex. App. Jan. 12, 2006)
Case details for

Carter v. State

Case Details

Full title:MARVIN WAYNE CARTER, Appellant, v. THE STATE OF TEXAS, Appellee

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

Date published: Jan 12, 2006

Citations

Nos. 03-05-00575-CR, 03-05-00576-CR (Tex. App. Jan. 12, 2006)