Brandon Hunt v. State

• Court: Court of Appeals of Texas
• Decided: June 18, 2003
• Docket: 04-02-00382-CR
• Status: Published

Opinion

MEMORANDUM OPINION No. 04-02-00382-CR Brandon HUNT, Appellant v. The STATE of Texas, Appellee From the 144th Judicial District Court, Bexar County, Texas Trial Court No. 2001-CR-6994A Honorable Mark R. Luitjen, Judge Presiding

Opinion by: Sarah B. Duncan, Justice

Sitting: Alma L. López, Chief Justice

Catherine Stone, Justice

Sarah B. Duncan, Justice

Delivered and Filed: June 18, 2003

DISMISSED; MOTION TO WITHDRAW GRANTED

After a jury found Brandon Hunt guilty of aggravated assault with a deadly weapon, Hunt and the State entered into a plea bargain agreement pursuant to which (1) Hunt agreed to waive his right to have the jury assess punishment and to appeal the judgment; (2) Hunt agreed to plead guilty in a second case of aggravated assault with a deadly weapon; (3) the State agreed to recommend punishment of twenty years imprisonment in this case and five years in the second case and to dismiss a third similar charge. The State complied with its part of the agreement. The trial court sentenced Hunt in accordance with the agreement. Notwithstanding his agreement, Hunt appealed.

Hunt's court-appointed appellate attorney filed a motion to withdraw and a brief in which she raises no arguable points of error and concludes this appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967), High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978), and Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969). Hunt was provided copies of the brief and motion to withdraw and was informed of his right to review the record and file his own brief. He has not done so.

We have reviewed the record and counsel's brief and agree the appeal is frivolous and without merit. The record does not suggest any unfairness in securing the agreement between Hunt and the State; and the record establishes Hunt was fully aware of the consequences of his waiver of the right to appeal. Accordingly, Hunt is bound by his agreement. See Blanco v. State, 18 S.W.3d 218 (Tex. Crim. App. 2000). We therefore dismiss this appeal and grant the motion to withdraw filed by Hunt's counsel.

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