Montgomery v. State

Full title: Claude Windell Montgomery, Appellant v. The State of Texas, Appellee

Court: TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Date published: Dec 11, 2013

NO. 03-13-00454-CR (Tex. App. Dec. 11, 2013)

Opinion

NO. 03-13-00454-CR

12-11-2013

Claude Windell Montgomery, Appellant v. The State of Texas, Appellee

Bob Pemberton

FROM THE DISTRICT COURT OF BELL COUNTY, 426TH JUDICIAL DISTRICT

NO. 69010, HONORABLE JOHN GAUNTT, JUDGE PRESIDING

MEMORANDUM OPINION

Appointed counsel for appellant Claude Windell Montgomery has filed a motion to withdraw supported by an Anders brief concluding that this appeal is frivolous and without merit. See Anders v. California, 386 U.S. 738 (1967). After the brief was filed, Montgomery filed a pro se motion to dismiss his appeal. We grant Montgomery's pro se motion and dismiss the appeal. See Tex. R. App. P. 42.2(a), 43.2(f).¹ Counsel's motion to withdraw is dismissed as moot.

1

_____________

Bob Pemberton, Justice
Before Chief Justice Jones, Justices Pemberton and Field Dismissed on Appellant's Motion Do Not Publish

See also Smith v. State, No. 02-07-00029-CR, 2007 Tex. App. LEXIS 4696, at *1-2 (Tex. App.—Fort Worth June 14, 2007, no pet.) (mem. op., not designated for publication) (dismissing appeal under similar circumstances); Crockett v. State, No. 07-04-00438-CR, 2006 Tex. App. LEXIS 796, at *1 (Tex. App.—Amarillo Jan. 31, 2006, no pet.) (mem. op., not designated for publication) (same).