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Smithers v. State

Court of Appeals of Texas, Twelfth District, Tyler
Nov 26, 2008
No. 12-07-00342-CR (Tex. App. Nov. 26, 2008)

Opinion

No. 12-07-00342-CR

Opinion delivered November 26, 2008.

Appeal from the 173rd Judicial District Court of Henderson County, Texas.

Panel consisted of WORTHEN, C.J., GRIFFITH, J., and HOYLE, J.


MEMORANDUM OPINION


Shannon Wayne Smithers appeals his conviction for burglary of a habitation. Appellant's counsel filed a brief in compliance with Anders v. California , 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967), and Gainous v. State , 436 S.W.2d 137 (Tex.Crim.App. 1969). We affirm.

Background

Appellant pleaded guilty to burglary of a habitation. Appellant also confessed to three additional burglary of a habitation offenses, moving the trial court to consider them as part of his punishment. The trial court found Appellant guilty of the offense and assessed punishment at ten years of imprisonment. This appeal followed. Analysis Pursuant to Anders v. California Appellant's counsel filed a brief in compliance with Anders v. California and Gainous v. State . The brief shows that Appellant's counsel diligently reviewed the appellate record and considered the applicable law and is of the opinion that the record reflects no reversible error and that there is no error upon which an appeal can be predicated. In compliance with Anders , Gainous , and High v. State , 573 S.W.2d 807 (Tex.Crim.App. 1978), Appellant's counsel's brief presents a chronological summation of the procedural history of the case and further states that Appellant's counsel is unable to raise any arguable issues for appeal. We have likewise examined the record for reversible error and have found none. See Bledsoe v. State , 178 S.W.3d 824, 826-27 (Tex.Crim.App. 2005).

Conclusion

As required by Stafford v. State , 813 S.W.2d 503 (Tex.Crim.App. 1991), Appellant's counsel has moved for leave to withdraw in this case. We carried the motion for consideration with the merits. Having done so and finding no reversible error, Appellant's counsel's motion for leave to withdraw is hereby granted and the trial court's judgment is affirmed.


Summaries of

Smithers v. State

Court of Appeals of Texas, Twelfth District, Tyler
Nov 26, 2008
No. 12-07-00342-CR (Tex. App. Nov. 26, 2008)
Case details for

Smithers v. State

Case Details

Full title:SHANNON WAYNE SMITHERS, APPELLANT v. THE STATE OF TEXAS, APPELLEE

Court:Court of Appeals of Texas, Twelfth District, Tyler

Date published: Nov 26, 2008

Citations

No. 12-07-00342-CR (Tex. App. Nov. 26, 2008)