Jimmy Ray Shelton v. State ( 2003 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-02-00408-CR

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Jimmy Ray Shelton, Appellant

v.

The State of Texas, Appellee

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FROM THE DISTRICT COURT OF BASTROP COUNTY, 21ST JUDICIAL DISTRICT NO. 9293, HONORABLE TERRY L. FLENNIKEN, JUDGE PRESIDING

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M E M O R A N D U M O P I N I O N

Appellant Jimmy Ray Shelton was convicted of the attempted capital murder of two peace officers and sentenced to ninety-nine years in prison. Tex. Pen. Code Ann. §§ 15.01, 19.03 (West 1994). On appeal, this Court sustained the finding of guilt but reversed that portion of the judgment imposing sentence. Shelton v. State, 41 S.W.3d 208, 218 (Tex. App.--Austin 2001, pet. ref'd). On remand, a new jury was impaneled, which heard evidence and assessed punishment at imprisonment for thirty years.

Appellant's court-appointed attorney filed a brief concluding that the present 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). 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. 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.

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Jan P. Patterson, Justice

Before Justices Kidd, Yeakel and Patterson

Affirmed

Filed: March 13, 2003

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