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Kellough v. State

Court of Appeals of Texas, Third District, Austin
Jun 19, 2003
No. 03-03-00008-CR (Tex. App. Jun. 19, 2003)

Opinion

No. 03-03-00008-CR.

Filed: June 19, 2003. Do Not Publish.

From the District Court of Travis County, 147th Judicial District No. 2022546, Honorable Wilford Flowers, Judge, presiding. Affirmed

Before Justices KIDD, PATTERSON and PURYEAR.


MEMORANDUM OPINION


A jury found appellant Michael Kellough guilty of possessing less than one gram of cocaine. Tex. Health Safety Code Ann. § 481.115 (West Supp. 2003). The district court assessed punishment at incarceration in a state jail for one year and 250 days. 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, who 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 judgment of conviction is affirmed.


Summaries of

Kellough v. State

Court of Appeals of Texas, Third District, Austin
Jun 19, 2003
No. 03-03-00008-CR (Tex. App. Jun. 19, 2003)
Case details for

Kellough v. State

Case Details

Full title:Michael Kellough v. The State of Texas

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

Date published: Jun 19, 2003

Citations

No. 03-03-00008-CR (Tex. App. Jun. 19, 2003)