Christopher Michael Penney v. State

• Court: Court of Appeals of Texas
• Decided: November 13, 2008
• Docket: 14-08-00336-CR
• Status: Published

Opinion

Affirmed and Memorandum Opinion filed November 13, 2008

Affirmed and Memorandum Opinion filed November 13, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-00336-CR

CHRISTOPHER MICHAEL PENNEY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 411th District Court

Polk County, Texas

Trial Court Cause No. 19428

M E M O R A N D U M   O P I N I O N

Appellant entered a plea of Aguilty@ to the offense of aggravated robbery.  On February 27, 2008, the trial court sentenced appellant to confinement for twenty 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), by presenting a professional evaluation of the record and demonstrating why there are no arguable grounds to be advanced.  See High v. State, 573 S.W.2d 807, 811-12 (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).  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.  See Bledsoe v. State, 178 S.W.3d 824, 827-28 (Tex. Crim. App. 2005).  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 November 13, 2008.

Panel consists of Chief Justice Hedges, Justices Anderson, and Frost.

Do Not Publish C Tex.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