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Montes v. State

Court of Appeals of Texas, Third District, Austin
Mar 20, 2003
No. 03-02-00406-CR (Tex. App. Mar. 20, 2003)

Opinion

No. 03-02-00406-CR

Filed: March 20, 2003. DO NOT PUBLISH.

From the District Court of Williamson County, 26th Judicial District, No. 00-1015-K26, Honorable Billy Ray Stubblefield, Judge Presiding. AFFIRMED

Before Chief Justice LAW, Justices B. A. SMITH and PURYEAR.


MEMORANDUM OPINION


Appellant Javier Montes pleaded guilty to attempting to manufacture less than two hundred grams of methamphetamine. Tex. Health Safety Code Ann. § 481.112(a), (d) (West Supp. 2003); Tex. Pen. Code Ann. § 15.01 (West 2003). The district court deferred adjudication and placed appellant on community supervision. Later, on the State's motion, the court adjudged appellant guilty and sentenced him to fifteen years' imprisonment. 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. Counsel's motion to withdraw is granted. The judgment of conviction is affirmed.


Summaries of

Montes v. State

Court of Appeals of Texas, Third District, Austin
Mar 20, 2003
No. 03-02-00406-CR (Tex. App. Mar. 20, 2003)
Case details for

Montes v. State

Case Details

Full title:JAVIER MONTES, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Mar 20, 2003

Citations

No. 03-02-00406-CR (Tex. App. Mar. 20, 2003)