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Smith v. State

Court of Appeals of Texas, Third District, Austin
Feb 1, 2008
Nos. 03-07-00422-CR, 03-07-00451-CR (Tex. App. Feb. 1, 2008)

Opinion

Nos. 03-07-00422-CR, 03-07-00451-CR

Filed: February 1, 2008. DO NOT PUBLISH.

Appeal from the District Court of Bell County, 426th Judicial District Nos. 60514 60515, Honorable Fancy H. Jezek, Judge Presiding. Affirmed.

Before Chief Justice LAW, Justices WALDROP and HENSON.


MEMORANDUM OPINION


Appellant Karrie Smith pleaded guilty and judicially confessed to credit card abuse (cause number 60514) and endangering a child (cause number 60515). See Tex. Penal Code Ann. §§ 22.041, 32.31 (West Supp. 2007). The trial court adjudged her guilty of both offenses and assessed two eighteen-month state-jail terms, to be served concurrently. Appellant's court-appointed attorney filed a brief concluding that the appeals are 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 records 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 her right to examine the appellate records and to file a pro se brief. No pro se brief was filed, but appellant did write a letter to the Court explaining why she believes that her conviction for endangering a child was improper. We have reviewed the records, counsel's brief, and appellant's letter. We find nothing in the record that might arguably support the appeals. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex.Crim.App. 2005). We agree with counsel that the appeals are frivolous and without merit. The judgments of conviction are affirmed.


Summaries of

Smith v. State

Court of Appeals of Texas, Third District, Austin
Feb 1, 2008
Nos. 03-07-00422-CR, 03-07-00451-CR (Tex. App. Feb. 1, 2008)
Case details for

Smith v. State

Case Details

Full title:Karrie Smith, Appellant v. The State of Texas, Appellee

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

Date published: Feb 1, 2008

Citations

Nos. 03-07-00422-CR, 03-07-00451-CR (Tex. App. Feb. 1, 2008)