From Casetext: Smarter Legal Research

Gillespie v. State

Court of Appeals of Texas, Third District, Austin
Jul 31, 2008
No. 03-07-00625-CR (Tex. App. Jul. 31, 2008)

Opinion

No. 03-07-00625-CR

Filed: July 31, 2008. DO NOT PUBLISH.

Appealed from the District Court of Bell County, 426th Judicial District, No. 61145, Honorable Fancy H. Jezek, Judge Presiding.

Before Chief Justice LAW, Justices PEMBERTON and WALDROP.


MEMORANDUM OPINION


Rodney Lynn Gillespie was convicted of criminal mischief in the amount of more than $20,000 but less than $100,000 and sentenced to confinement in prison for ten years. His 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). Gillespie's counsel certified that he sent Gillespie a copy of counsel's brief by certified mail, return receipt requested, and advised Gillespie of his right to examine the appellate record and to file a pro se brief. Gillespie has not filed a response. We have reviewed the record and counsel's brief. We agree that the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex.Crim.App. 2005). The judgment of conviction is affirmed. Counsel's motion to withdraw is granted.


Summaries of

Gillespie v. State

Court of Appeals of Texas, Third District, Austin
Jul 31, 2008
No. 03-07-00625-CR (Tex. App. Jul. 31, 2008)
Case details for

Gillespie v. State

Case Details

Full title:Rodney Lynn Gillespie, Appellant v. The State of Texas, Appellee

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

Date published: Jul 31, 2008

Citations

No. 03-07-00625-CR (Tex. App. Jul. 31, 2008)