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McLeod v. State

Court of Appeals of Texas, First District, Houston
Jul 29, 2004
No. 01-03-01067-CR (Tex. App. Jul. 29, 2004)

Opinion

No. 01-03-01067-CR

Opinion issued July 29, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 228th District Court Harris County, Texas, Trial Court Cause No. 893825.

Panel consists of Justices TAFT, JENNINGS, and HANKS.


MEMORANDUM OPINION


After appellant, Annie N. McLeod, pleaded not true to the allegations in the State's motion to adjudicate guilt, the trial court found the allegations to be true, further found appellant guilty of unauthorized use of a vehicle, and assessed her punishment at confinement for two years in a state jail with a $5000 fine. We affirm. Appellant's court-appointed counsel filed a motion to withdraw as counsel and a brief concluding that this appeal is 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 record 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 her 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 judgment of the trial court. 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.).

Counsel has a duty to inform appellant of the result of his appeal and also to inform her that she may, on her 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

McLeod v. State

Court of Appeals of Texas, First District, Houston
Jul 29, 2004
No. 01-03-01067-CR (Tex. App. Jul. 29, 2004)
Case details for

McLeod v. State

Case Details

Full title:ANNIE N. McLEOD, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Jul 29, 2004

Citations

No. 01-03-01067-CR (Tex. App. Jul. 29, 2004)