Anthony Galmines v. State

• Court: Court of Appeals of Texas
• Decided: June 9, 2010
• Docket: 08-08-00273-CR
• Status: Published

Opinion

Anders-regular

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

ANTHONY GALMINES,                             Appellant, v. THE STATE OF TEXAS,                             Appellee.

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No. 08-08-00273-CR Appeal from the 243rd District Court of El Paso County, Texas (TC#20070D04212)

MEMORANDUM OPINION

            Appellant entered a plea of not guilty before a jury to the offense of assault on a public servant. Tex.Penal Code Ann. § 22.01(b)(1)(Vernon 2003). He was convicted, and the jury assessed punishment at confinement for 6 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, 18 L.Ed.2d 493, reh. denied, 388 U.S. 924, 87 S.Ct. 2094, 18 L.Ed.2d 1377 (1967), by advancing contentions which counsel says might arguably support the appeal. 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.

June 9, 2010

DAVID WELLINGTON CHEW, Chief Justice

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

(Do Not Publish)