DocketNumber: 06-03-00158-CR
Filed Date: 12/8/2003
Status: Precedential
Modified Date: 9/7/2015
In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
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No. 06-03-00158-CR
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ELZIE LILLY, III, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 124th Judicial District Court
Gregg County, Texas
Trial Court No. 30143-B
Before Morriss, C.J., Ross and Carter, JJ.
Memorandum Opinion by Justice Ross
MEMORANDUM OPINION
Elzie Lilly, III, appeals from his conviction, on his plea of guilty without a plea agreement, to the offense of delivery of cocaine in an amount between one and four grams. A jury assessed his punishment at nine years' imprisonment. Lilly also has a pending appeal in a companion case, in which he pled guilty to delivery of cocaine in an amount less than one gram. In that case, he was sentenced to 180 days' confinement in a state jail facility. The two cases were tried together, and he has raised the same contention of error, supported by the same arguments, in each appeal.
In his single contention of error, Lilly argues he received ineffective assistance of counsel at trial. For the reasons stated in our opinion in cause number 06-03-00157-CR, decided this date, we likewise find his contention in this appeal to be without merit.
We affirm the judgment.
Donald R. Ross
Justice
Date Submitted: December 5, 2003
Date Decided: December 8, 2003
Do Not Publish
objected on the ground of hearsay, and the trial court sustained the objection. A sworn application for community supervision is hearsay and not admissible as evidence. Walker v. State, 440 S.W.2d 653 (Tex. Crim. App. 1969); Green v. State, 658 S.W.2d 303 (Tex. App.--Houston [1st Dist.] 1983, pet. ref'd).
Counsel's statements are supported by the record.
We have reviewed the record and find the evidence sufficient to support the conviction. Based on our review of the record of this proceeding, we also agree with counsel that there are no arguable points of error in this case. (2)
We affirm the judgment of the trial court.
Bailey C. Moseley
Justice
Date Submitted: October 5, 2007
Date Decided: October 8, 2007
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1. We also recognize that there is evidence McMullen is entirely illiterate--as shown by
testimony that he could neither read nor write, and functioned at below a first-grade level; thus, the
likelihood that he could engage in any of the acts that would typically result in the filing of an Anders
response is minimal.
2.