Darius Lee Wright v. State ( 2014 )


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  •       TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
    NO. 03-14-00301-CR
    Darius Lee Wright, Appellant
    v.
    The State of Texas, Appellee
    FROM THE DISTRICT COURT OF BELL COUNTY, 426TH JUDICIAL DISTRICT
    NO. 71213, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING
    MEMORANDUM OPINION
    Appellant Darius Lee Wright pled guilty to a third-degree-felony charge of unlawful
    possession of a firearm by a felon. See Tex. Penal Code § 46.04. There was no agreement as to the
    punishment, and the trial court assessed a punishment of eight years in prison.
    Appellant’s court-appointed attorney has filed a motion to withdraw supported by
    a brief concluding that this appeal is frivolous and without merit. The brief meets the requirements
    of Anders v. California, 
    386 U.S. 738
    , 744 (1967), by presenting a professional evaluation of the
    record demonstrating why there are no arguable grounds to be advanced. See id.; see also Penson
    v. Ohio, 
    488 U.S. 75
    , 80 (1988); High v. State, 
    573 S.W.2d 807
    , 811-13 (Tex. Crim. App. 1978).
    His appellate counsel certified that he sent a copy of the brief to appellant and advised him of
    his right to examine the appellate record and to file a pro se brief. See 
    Anders, 386 U.S. at 744
    .
    Appellant did not file a pro se brief and did not request an extension of time to do so.
    We have reviewed the record and find no reversible error. See Garner v. State,
    
    300 S.W.3d 763
    , 766 (Tex. Crim. App. 2009). We agree with counsel that this appeal is frivolous.
    Counsel’s motion to withdraw is granted. The judgment of conviction is affirmed.
    Jeff Rose, Justice
    Before Chief Justice Jones, Justices Rose and Goodwin
    Affirmed
    Filed: August 27, 2014
    Do Not Publish
    2
    

Document Info

Docket Number: 03-14-00301-CR

Filed Date: 8/27/2014

Precedential Status: Precedential

Modified Date: 9/17/2015