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Harris v. State

Court of Appeals of Texas, First District, Houston
Apr 27, 2006
Nos. 01-05-00361-CR, 01-05-00362-CR (Tex. App. Apr. 27, 2006)

Opinion

Nos. 01-05-00361-CR, 01-05-00362-CR

Opinion issued April 27, 2006. DO NOT PUBLISH. Tex.R.App.P.47.2(b).

On Appeal from the 232nd District Court, Harris County, Texas, Trial Court Cause No. 997284 and 997285.

Panel consists of Justices TAFT, HIGLEY, and BLAND.


MEMORANDUM OPINION


Appellant, Calvin Wayne Harris, was charged in two separate indictments with the felony offenses of tampering with physical evidence and escape. The cases were consolidated for trial. A jury found appellant guilty of both offenses. In each case the jury found two enhancement paragraphs true and assessed appellant's punishment at 25 years' confinement for tampering with physical evidence and 30 years' confinement for escape. We affirm. Appellant's court-appointed counsel filed a motion to withdraw as counsel and a brief concluding that the appeals are without merit. Counsel's brief meets the requirements of Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967), by presenting a professional evaluation of the records that demonstrates the lack of arguable grounds of error. See High v. State, 573 S.W.2d 807, 811 (Tex.Crim.App. 1978); Moore v. State, 845 S.W.2d 352, 353 (Tex.App.-Houston [1st Dist.] 1992, pet. ref'd). Counsel represents that he served a copy of the brief on appellant. Counsel also advised appellant of his right to examine the appellate record and file a pro se brief. See Stafford v. State, 813 S.W.2d 503, 510 (Tex.Crim.App. 1991). More than 30 days have passed, and appellant has not filed a pro se brief. We have carefully reviewed the record and counsel's brief. We find no reversible error in the record, and agree that the appeal is without merit. We therefore affirm the judgments of the trial court in cause numbers 997284 and 997285. We grant counsel's motion to withdraw.See Stephens v. State, 35 S.W.3d 770, 771 (Tex.App.-Houston [1st Dist.] 2000, no pet.). Any pending motions are denied as moot.

Counsel has a duty to inform appellant of the result of his appeal and also to inform him that he may, on his own, pursue discretionary review in the Texas Court of Criminal Appeals. See Ex parte Wilson, 956 S.W.2d 25, 27 (Tex.Crim.App. 1997).


Summaries of

Harris v. State

Court of Appeals of Texas, First District, Houston
Apr 27, 2006
Nos. 01-05-00361-CR, 01-05-00362-CR (Tex. App. Apr. 27, 2006)
Case details for

Harris v. State

Case Details

Full title:CALVIN WAYNE HARRIS, Appellant, v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, First District, Houston

Date published: Apr 27, 2006

Citations

Nos. 01-05-00361-CR, 01-05-00362-CR (Tex. App. Apr. 27, 2006)