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McGowen v. State

Court of Appeals of Texas, Sixth District, Texarkana
Apr 8, 2003
No. 06-02-00129-CR (Tex. App. Apr. 8, 2003)

Opinion

No. 06-02-00129-CR.

Submitted December 13, 2002.

Decided April 8, 2003. DO NOT PUBLISH, Tex.R.App.P. 47.2(b).

Appeal from the 230th Judicial District Court, Harris County, Texas, Trial Court No. 764035.

Before MORRISS, C.J., ROSS and CARTER, JJ.


MEMORANDUM OPINION


Melford Jan McGowen pled guilty to the forgery of a money order in Harris County cause number 764035. See Tex. Pen. Code Ann. § 32.21 (Vernon 2003). Forgery is a state jail felony if the writing purports to be a check or similar sight order for the payment of money. Tex. Pen. Code Ann. § 32.21(d). The punishment range was, however, enhanced to that of a second-degree felony by virtue of McGowen's two prior, sequential felony convictions. See Tex. Pen. Code Ann. § 12.42(a)(2) (Vernon Supp. 2003). The record indicates the parties had no agreement regarding punishment. The trial court assessed punishment at five years' confinement in a state prison. On October 2, 2002, McGowen's appellate counsel filed an Anders brief in which he professionally discussed the record, described the issues reviewed, and concluded that there were no arguable grounds for appeal, and as required by Anders, also filed a motion to withdraw. Counsel also sent McGowen a copy of the appellate brief and informed McGowen of his right to file a pro se brief and right to review the record. This Court informed McGowen at that time that his brief, if any, was due to be filed within thirty days. As of this date, we have not received a pro se brief. We have reviewed the record and the brief filed by counsel in this appeal, and we agree that there are no arguable issues that would support an appeal in this case. We affirm the judgment of the trial court.

Anders v. California, 386 U.S. 738 (1967).


Summaries of

McGowen v. State

Court of Appeals of Texas, Sixth District, Texarkana
Apr 8, 2003
No. 06-02-00129-CR (Tex. App. Apr. 8, 2003)
Case details for

McGowen v. State

Case Details

Full title:MELFORD JAN McGOWEN, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Sixth District, Texarkana

Date published: Apr 8, 2003

Citations

No. 06-02-00129-CR (Tex. App. Apr. 8, 2003)