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Mitchell v. State

Court of Appeals of Texas, Third District, Austin
Oct 28, 2009
No. 03-09-00103-CR (Tex. App. Oct. 28, 2009)

Opinion

No. 03-09-00103-CR

Filed: October 28, 2009. DO NOT PUBLISH.

Appealed from County Court at Law No. 3 of Bell County No. 2C08-07621, Honorable Gerald M. Brown, Judge Presiding.

Before Chief Justice JONES, Justices WALDROP and HENSON.


MEMORANDUM OPINION


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). Appellant received a copy of counsel's brief and 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. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). Counsel's motion to withdraw is granted. The judgment of conviction is affirmed. Affirmed


Summaries of

Mitchell v. State

Court of Appeals of Texas, Third District, Austin
Oct 28, 2009
No. 03-09-00103-CR (Tex. App. Oct. 28, 2009)
Case details for

Mitchell v. State

Case Details

Full title:Claude Marion Mitchell Jr., Appellant v. The State of Texas, Appellee

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

Date published: Oct 28, 2009

Citations

No. 03-09-00103-CR (Tex. App. Oct. 28, 2009)