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Parrack v. State

Court of Appeals of Texas, Third District, Austin
Apr 7, 2005
No. 03-04-00553-CR (Tex. App. Apr. 7, 2005)

Opinion

No. 03-04-00553-CR

Filed: April 7, 2005. DO NOT PUBLISH.

Appeal from the District Court of Bell County, 27th Judicial District, No. 51857, Honorable Martha J. Trudo, Judge Presiding.

Affirmed.

Before Chief Justice LAW, Justices PATTERSON and PURYEAR.


MEMORANDUM OPINION


Appellant Billie Joe Parrack pleaded guilty to murder, a lesser included offense of the capital murder alleged in the indictment. See Tex. Pen. Code Ann. § 19.02 (West 2003); § 19.03 (West Supp. 2004-05). After hearing testimony and argument relevant to punishment, the court sentenced appellant to life 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

Parrack v. State

Court of Appeals of Texas, Third District, Austin
Apr 7, 2005
No. 03-04-00553-CR (Tex. App. Apr. 7, 2005)
Case details for

Parrack v. State

Case Details

Full title:BILLIE JOE PARRACK, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Apr 7, 2005

Citations

No. 03-04-00553-CR (Tex. App. Apr. 7, 2005)