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Hornbuckle v. State

Court of Appeals of Texas, Third District, Austin
Nov 20, 2003
No. 03-03-00247-CR (Tex. App. Nov. 20, 2003)

Opinion

No. 03-03-00247-CR.

Filed: November 20, 2003. Do Not Publish.

Appeal from the District Court of Bell County, 264th Judicial District No. 47999, Honorable Martha J. Trudo, Judge Presiding. Affirmed.

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


MEMORANDUM OPINION


In December 1997, appellant Wayne Ray Hornbuckle was placed on deferred adjudication community supervision after he pleaded guilty to intentionally causing serious bodily injury to a child. Tex. Pen. Code Ann. § 22.04 (West Supp. 2003). The State later moved to proceed to adjudication. After a hearing, the court adjudged appellant guilty and imposed sentence of imprisonment for fifteen 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). A copy of counsel's brief was delivered to appellant, and appellant 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. The judgment of conviction is affirmed.


Summaries of

Hornbuckle v. State

Court of Appeals of Texas, Third District, Austin
Nov 20, 2003
No. 03-03-00247-CR (Tex. App. Nov. 20, 2003)
Case details for

Hornbuckle v. State

Case Details

Full title:Wayne Ray HORNBUCKLE, Appellant v. The STATE of Texas, Appellee

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

Date published: Nov 20, 2003

Citations

No. 03-03-00247-CR (Tex. App. Nov. 20, 2003)