Rodney Dwayne McAllen v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN





NO. 03-96-00433-CR





Rodney Dwayne McAllen, Appellant



v.



The State of Texas, Appellee





FROM THE DISTRICT COURT OF BELL COUNTY, 27TH JUDICIAL DISTRICT

NO. 46,144, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING





PER CURIAM



Indicted for murder, appellant pleaded guilty to manslaughter. Tex. Penal Code Ann. § 19.04 (West 1994). The district court found him guilty and assessed punishment at imprisonment for twenty years.

Appellant's court-appointed attorney filed a brief in which she concludes that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967), by advancing contentions which counsel says might arguably support the appeal. See also Penson v. Ohio, 488 U.S. 75 (1988); Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969); Jackson v. State, 485 S.W.2d 553 (Tex. Crim. App. 1972); Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). 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. A discussion of the contentions advanced in counsel's brief would serve no beneficial purpose.

The judgment of conviction is affirmed.



Before Justices Powers, Aboussie and Jones

Affirmed

Filed: October 23, 1996

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