Caleb Eugene McDaniel v. State ( 2002 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-01-00735-CR
Caleb Eugene McDaniel, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF TOM GREEN COUNTY, 119TH JUDICIAL DISTRICT
NO. B-01-0271-S, HONORABLE BARBARA L. WALTHER, JUDGE PRESIDING
Appellant Caleb Eugene McDaniel pleaded guilty to an indictment accusing him of
aggravated sexual assault of a child. See Tex. Pen. Code Ann. ' 22.021 (West Supp. 2002). The district
court adjudged him guilty and assessed punishment at imprisonment for eight years.
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
advancing an arguable point of error. 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). A copy of counsel=s brief was delivered to appellant, and appellant 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. A discussion of the contention advanced in counsel=s brief would serve no beneficial
purpose.
The judgment of conviction is affirmed.
__________________________________________
Bea Ann Smith, Justice
Before Chief Justice Aboussie, Justices B. A. Smith and Yeakel
Affirmed
Filed: May 31, 2002
Do Not Publish
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