NO. 07-09-0024-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
SEPTEMBER 1, 2009
______________________________
WILLIE MCDADE,
Appellant
v.
THE STATE OF TEXAS,
Appellee
_________________________________
FROM THE 331ST DISTRICT COURT OF TRAVIS COUNTY;
NO. D-1-DC-08-904103; HON. FRED MOORE, PRESIDING
_______________________________
Memorandum Opinion
_______________________________
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
After a jury trial, appellant Willie McDade (appellant) was convicted of the offense
of aggravated assault with serious bodily injury. Punishment was assessed by the trial
court at thirty years in the Texas Department of Criminal Justice Institutional Division.
Appellant timely filed his notice of appeal.
Appellant’s appointed counsel has filed a motion to withdraw, together with an
Anders1 brief, wherein she certifies that, after diligently searching the record, she has
concluded that appellant’s appeal is without merit. Along with her brief, she has filed a
copy of a letter sent to appellant informing him of counsel’s belief that there was no
reversible error and of appellant’s right to appeal pro se. This court notified appellant of
his right to file his own brief or response. Appellant filed a response urging grounds he
believed warranted reversal.
In compliance with the principles enunciated in Anders, appellate counsel discussed
the evidence at trial and reviewed the objections lodged in same. Upon her final analysis,
counsel determined no reversible error existed. Thereafter, we conducted our own review
of the record to assess the accuracy of appellate counsel’s conclusions and to uncover any
arguable error, per Stafford v. State, 813 S.W.2d 503 ( Tex. Crim. App. 1991). So too did
we consider appellant’s response and the contentions raised therein. Upon doing these
things, we also found no arguable error.
Accordingly, the motion to withdraw is granted and the judgment is affirmed.2
Brian Quinn
Chief Justice
Do not publish.
1
See Anders v. California, 386 U.S. 738, 744-45, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
2
Counsel shall, within five days after this opinion is handed down, send his client a copy of the opinion
and judgm ent, along with notification of appellant’s right to file a pro se petition for discretionary review. See
T EX . R. A PP . P. 48.4.
2