James Edward Smith v. State

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS



JAMES EDWARD SMITH,

Appellant,



v.



THE STATE OF TEXAS,



Appellee.

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No. 08-06-00277-CR

Appeal from the



292nd District Court



of Dallas County, Texas



(TC# F-05-73670-V)



MEMORANDUM OPINION



Appellant entered a plea of not guilty before a jury to the offense of aggravated assault with a deadly weapon, enhanced. He was convicted, and the jury assessed punishment at imprisonment for six years. We affirm.

Appellant's court-appointed counsel has filed a brief in which he has concluded that the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738, 87 S. Ct. 1396 (1967), by presenting a professional evaluation of the record demonstrating why, in effect, there are no arguable grounds to be advanced. See 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 has been delivered to Appellant, and Appellant has been advised of his right to examine the appellate record and file a pro se brief. No pro se brief has been filed.

We have carefully reviewed the record and counsel's brief and agree that the appeal is wholly frivolous and without merit. Further, we find nothing in the record that might arguably support the appeal. A discussion of the contentions advanced in counsel's brief would add nothing to the jurisprudence of the state.

The judgment is affirmed.



KENNETH R. CARR, Justice



October 18, 2007



Before Chew, C.J., McClure, and Carr, JJ.



(Do Not Publish)