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Estrada v. State

Court of Appeals of Texas, Eighth District, El Paso
Nov 18, 2004
No. 08-03-00388-CR (Tex. App. Nov. 18, 2004)

Opinion

No. 08-03-00388-CR

November 18, 2004. DO NOT PUBLISH.

Appeal from the 385th District Court of Midland County, Texas, (TC# CR-28,278).

Before Panel No. 2 BARAJAS, C.J., McCLURE, and CHEW, JJ.


OPINION


Appellant Rito Montanez Estrada was charged by indictment with the felony offense of driving while intoxicated. He was convicted, and the jury assessed punishment at imprisonment for 5 years and a $2,500 fine. Appellant timely filed a pro se Notice of Appeal and counsel on appeal was appointed on August 15, 2003. Appellant's court-appointed counsel has filed a brief in which he has concluded that the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493, reh. denied, 388 U.S. 924, 87 S.Ct. 2094, 18 L.Ed.2d 1377 (1967), by advancing contentions which counsel says might arguable support the appeal. See 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). A copy of counsel's brief has been delivered to Appellant, and Appellant has been advised of his right to examine the appellate record and file a pro se brief. No pro se brief has been filed. We have carefully reviewed the entire record and counsel's brief and agree that the appeal is wholly frivolous and without merit. Further, we find nothing in the record that might arguably support the appeal. A discussion of the contentions advanced in counsel's brief would add nothing to the jurisprudence of the state. The judgment is affirmed.


Summaries of

Estrada v. State

Court of Appeals of Texas, Eighth District, El Paso
Nov 18, 2004
No. 08-03-00388-CR (Tex. App. Nov. 18, 2004)
Case details for

Estrada v. State

Case Details

Full title:RITO MONTANEZ ESTRADA, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Eighth District, El Paso

Date published: Nov 18, 2004

Citations

No. 08-03-00388-CR (Tex. App. Nov. 18, 2004)