Jerry Lee Berry Sr. v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-02-00454-CR
Jerry Lee Berry, Sr., Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF BELL COUNTY, 27TH JUDICIAL DISTRICT
NO. 53,292, HONORABLE GORDON G. ADAMS, JUDGE PRESIDING
Appellant Jerry Lee Berry, Sr., pleaded guilty to evading arrest with a motor vehicle. See
Tex. Pen. Code Ann. ' 38.04 (West Supp. 2003). The district court adjudged him guilty and assessed
punishment at incarceration in a state jail for two years. See id. ' 38.04(b)(2).
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
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.
Marilyn Aboussie, Chief Justice
Before Chief Justice Aboussie, Justices Patterson and Puryear
Affirmed
Filed: December 12, 2002
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