Claude Windell Montgomery v. State ( 2013 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-13-00454-CR
Claude Windell Montgomery, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF BELL COUNTY, 426TH JUDICIAL DISTRICT
NO. 69010, HONORABLE JOHN GAUNTT, JUDGE PRESIDING
MEMORANDUM OPINION
Appointed counsel for appellant Claude Windell Montgomery has filed a motion
to withdraw supported by an Anders brief concluding that this appeal is frivolous and without merit.
See Anders v. California, 386 U.S. 738 (1967). After the brief was filed, Montgomery filed a pro se
motion to dismiss his appeal. We grant Montgomery’s pro se motion and dismiss the appeal. See
Tex. R. App. P. 42.2(a), 43.2(f).1 Counsel’s motion to withdraw is dismissed as moot.
1
See also Smith v. State, No. 02-07-00029-CR, 2007 Tex. App. LEXIS 4696, at *1-2
(Tex. App.—Fort Worth June 14, 2007, no pet.) (mem. op., not designated for publication)
(dismissing appeal under similar circumstances); Crockett v. State, No. 07-04-00438-CR, 2006 Tex.
App. LEXIS 796, at *1 (Tex. App.—Amarillo Jan. 31, 2006, no pet.) (mem. op., not designated for
publication) (same).
__________________________________________
Bob Pemberton, Justice
Before Chief Justice Jones, Justices Pemberton and Field
Dismissed on Appellant’s Motion
Filed: December 11, 2013
Do Not Publish
2