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Davis v. State

Court of Appeals of Texas, Third District, Austin
Apr 7, 2005
No. 03-04-00492-CR (Tex. App. Apr. 7, 2005)

Opinion

No. 03-04-00492-CR

Filed: April 7, 2005. DO NOT PUBLISH.

Appeal from the District Court of Tom Green County, 51st Judicial District, No. a-04-0287-S, Honorable Thomas J. Gossett, Judge Presiding.

Affirmed.

Before Chief Justice LAW, Justices PATTERSON and PURYEAR.


MEMORANDUM OPINION


A jury found appellant Paul Calvin Davis guilty of two counts of retaliation. See Tex. Pen. Code Ann. § 36.06 (West Supp. 2004-05). After finding that appellant was a habitual felony offender, the jury assessed prison terms of forty and twenty-five years. 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 judgments of conviction are affirmed.


Summaries of

Davis v. State

Court of Appeals of Texas, Third District, Austin
Apr 7, 2005
No. 03-04-00492-CR (Tex. App. Apr. 7, 2005)
Case details for

Davis v. State

Case Details

Full title:PAUL CALVIN DAVIS, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Apr 7, 2005

Citations

No. 03-04-00492-CR (Tex. App. Apr. 7, 2005)