Ben Lewis v. State

Affirmed and Memorandum Opinion filed February 1, 2007

Affirmed and Memorandum Opinion filed February 1, 2007.

 

In The

 

Fourteenth Court of Appeals

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NO. 14-06-00221-CR

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BEN LEWIS, Appellant

 

V.

 

THE STATE OF TEXAS, Appellee

 

 

On Appeal from the 248th District Court

Harris County, Texas

Trial Court Cause No. 1057066

 

 

M E M O R A N D U M   O P I N I O N

Appellant pled guilty to the offense of murder.  Punishment was assessed by the jury and appellant and was sentenced on March 1, 2006, in accordance with the jury=s verdict, to confinement for fifty years in the Institutional Division of the Texas Department of Criminal Justice.  Appellant filed a notice of appeal.


Appellant=s appointed counsel filed a brief in which he concludes 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), presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced.  See High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978).

A copy of counsel=s brief was delivered to appellant.  Appellant was advised of the right to examine the appellate record and file a pro se response.  See Stafford v. State, 813 S.W.2d 503, 510 (Tex. Crim. App. 1991).  On August 21, 2006, appellant requested and was granted one extension of time to file a pro se response, but he did not request a record view.  As of this date, more than sixty days has elapsed and no pro se response has been filed.

We have carefully reviewed the record and counsel=s brief and agree the appeal is wholly frivolous and without merit.  Further, we find no reversible error in the record.  A discussion of the brief would add nothing to the jurisprudence of the state.

Accordingly, the judgment of the trial court is affirmed.

 

PER CURIAM

 

Judgment rendered and Memorandum Opinion filed February 1, 2007.

Panel consists of Justices Yates, Anderson, and Hudson.

Do Not Publish C Tex. R. App. P. 47.2(b).