Gary Alan Reeves v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN






NO. 03-02-00165-CR


Gary Alan Reeves, Appellant


v.



The State of Texas, Appellee








FROM THE DISTRICT COURT OF ARCHER COUNTY, 97TH JUDICIAL DISTRICT

NO. 01-04-0018A-CR, HONORABLE ROGER E. TOWERY, JUDGE PRESIDING


After appellant Gary Alan Reeves pleaded guilty to burglary of a habitation and sexual assault, the district court adjudged him guilty and imposed sentences of forty years' imprisonment for the burglary and twenty years' imprisonment for the sexual assault. See Tex. Pen. Code Ann. §§ 22.011. 30.02 (West Supp. 2002). 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 B. A. Smith and Yeakel

Affirmed

Filed: August 30, 2002

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