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Sheffield v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Oct 27, 2016
NO. 03-15-00627-CR (Tex. App. Oct. 27, 2016)

Opinion

NO. 03-15-00627-CR

10-27-2016

Marcus Tyler Sheffield, Appellant v. The State of Texas, Appellee


FROM THE DISTRICT COURT OF COMAL COUNTY, 207TH JUDICIAL DISTRICT
NO. CR2011-575, HONORABLE GARY L. STEEL, JUDGE PRESIDINGMEMORANDUM OPINION

Appellant Marcus Tyler Sheffield was charged with Sexual Assault of a Child in two counts. Tex. Penal Code § 22.011(a). A jury found Sheffield guilty and assessed his punishment at ten years' imprisonment and a $10,000 fine for each count, with the sentences to run concurrently.

Appellant's court-appointed attorney has filed a motion to withdraw supported by a brief concluding that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See Anders v. California, 386 U.S. 738, 744 (1967); Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009); see also Penson v. Ohio, 488 U.S. 75, 86-87 (1988).

Appellant's counsel has represented to the Court that he has provided copies of the motion and the brief to appellant; advised appellant of his right to examine the appellate record and file a pro se brief; and provided appellant with a form motion for pro se access to the appellate record along with the mailing address of this Court. See Kelly v. State, 436 S.W.3d 313, 319-21 (Tex. Crim. App. 2014); see also Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766. We have not received a pro se brief from appellant.

We have conducted an independent review of the record, including appellate counsel's brief, and find no reversible error. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766; Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). We agree with counsel that the record presents no arguably meritorious grounds for review and the appeal is frivolous.

Counsel's motion to withdraw is granted. The judgments of conviction are affirmed.

/s/_________

Scott K. Field, Justice Before Justices Puryear, Pemberton, and Field Affirmed Filed: October 27, 2016 Do Not Publish


Summaries of

Sheffield v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Oct 27, 2016
NO. 03-15-00627-CR (Tex. App. Oct. 27, 2016)
Case details for

Sheffield v. State

Case Details

Full title:Marcus Tyler Sheffield, Appellant v. The State of Texas, Appellee

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

Date published: Oct 27, 2016

Citations

NO. 03-15-00627-CR (Tex. App. Oct. 27, 2016)