George Lueck v. State of Texas and Texas Department of Transportation

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-09-00500-CR

Charles Hamilton Jr., Appellant v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 299TH JUDICIAL DISTRICT NO. D-1-DC-09-904060, HONORABLE CHARLES F. BAIRD, JUDGE PRESIDING

MEMORANDUM OPINION

A jury found appellant Charles Hamilton Jr. guilty of burglary of a habitation with intent to commit theft. See Tex. Penal Code Ann. § 30.02 (West 2003). The court assessed punishment, enhanced by two previous felony convictions, at imprisonment for life.

Appellant’s court-appointed attorney has filed a motion to withdraw supported by a brief concluding that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738, 744 (1967), by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See also Penson v. Ohio, 488 U.S. 75 (1988); 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). Appellant received a copy of counsel’s

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brief and was advised of his right to examine the appellate record and to file a pro se brief. See Anders, 386 U.S. at 744. No pro se brief has been filed.

We have reviewed the record and find no reversible error. See Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009); Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). We agree with counsel that the appeal is frivolous. Counsel’s motion to withdraw is granted.

The judgment of conviction is affirmed.

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Jan P. Patterson, Justice Before Justices Patterson, Puryear and Henson Affirmed Filed: July 15, 2010 Do Not Publish