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Nelson v. State

Court of Appeals of Texas, Third District, Austin
Aug 10, 2005
No. 03-05-00090-CR (Tex. App. Aug. 10, 2005)

Opinion

No. 03-05-00090-CR

Filed: August 10, 2005. DO NOT PUBLISH.

Appeal from the District Court of Bell County, 264th Judicial District, No. 49127, Honorable Joe Carroll, Judge Presiding. Affirmed.

Before Chief Justice LAW, Justices PATTERSON and PURYEAR.


MEMORANDUM OPINION


Appellant LaJarvis Terrell Nelson was placed on deferred adjudication community supervision after he pleaded guilty to aggravated assault. See Tex. Pen. Code Ann. § 22.02 (West Supp. 2004-05). The State later moved to adjudicate. Following a hearing at which appellant admitted the allegations in the motion, the court adjudged him guilty and sentenced him to four years in prison. 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. Counsel's motion to withdraw is granted. The judgment of conviction is affirmed.


Summaries of

Nelson v. State

Court of Appeals of Texas, Third District, Austin
Aug 10, 2005
No. 03-05-00090-CR (Tex. App. Aug. 10, 2005)
Case details for

Nelson v. State

Case Details

Full title:LAJARVIS TERRELL NELSON, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Aug 10, 2005

Citations

No. 03-05-00090-CR (Tex. App. Aug. 10, 2005)