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James v. State

Court of Appeals of Texas, Third District, Austin
Mar 17, 2011
No. 03-10-00623-CR (Tex. App. Mar. 17, 2011)

Opinion

No. 03-10-00623-CR

Filed: March 17, 2011. DO NOT PUBLISH.

Appealed from the District Court of Lee County, 21st Judicial District No. 7099, Honorable H. R. Towslee, Judge Presiding. Affirmed.

Before Chief Justice JONES, Justices HENSON and GOODWIN.


MEMORANDUM OPINION


Appellant Jason Charles James pleaded guilty to tampering with physical evidence. See Tex. Penal Code Ann. § 37.09 (West Supp. 2010). He also admitted the two previous felony convictions alleged for enhancement. The district court adjudged him guilty and assessed punishment at twenty-five years' imprisonment. Appellant's court-appointed attorney has filed a motion to withdraw supported by a brief concluding that the 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 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). Appellant received a copy of counsel's brief and was advised of his right to examine the appellate record and to file a pro se brief. See Anders, 386 U.S. at 744. A pro se brief has been filed. We have reviewed the record and find no reversible error. See Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009); Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). We agree with counsel that the appeal is frivolous. The issues raised in appellant's pro se response to counsel's Anders brief have no arguable merit. See Garner, 300 S.W.3d at 767; Bledsoe, 178 S.W.3d at 827. Counsel's motion to withdraw is granted. The judgment of conviction is affirmed.


Summaries of

James v. State

Court of Appeals of Texas, Third District, Austin
Mar 17, 2011
No. 03-10-00623-CR (Tex. App. Mar. 17, 2011)
Case details for

James v. State

Case Details

Full title:Jason Charles James, Appellant v. The State of Texas, Appellee

Court:Court of Appeals of Texas, Third District, Austin

Date published: Mar 17, 2011

Citations

No. 03-10-00623-CR (Tex. App. Mar. 17, 2011)

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The Third Court of Appeals affirmed the conviction in an unpublished opinion. James v. State, No.…