Gillespie, Robbie W. v. State

• Court: Court of Appeals of Texas
• Decided: June 25, 1999
• Docket: 05-97-01287-CR
• Status: Published

Opinion

Affirmed and Opinion Filed June , 1999

In The

ROBBIE WALLACE GILLESPIE, Appellant

v. STATE OF TEXAS, Appellee

On Appeal from the 354th District Court Hunt County, Texas Trial Court Cause No. 18,608

OPINION PER CURIAM Before Justices Lagarde, Maloney, and Wright

The trial court convicted Robbie Wallace Gillespie of aggravated sexual assault and

assessed a fifty year sentence. Appellant's attorney filed a brief in which he concludes that

the appeal is wholly frivolous and without merit. The brief meets the requirements of

Anders v. California, 386 U.S. 738 (1967). The brief presents a professional evaluation of

the record showing why, in effect, there are no arguable grounds to advance. See High v.

State, 573 S.W.2d 807 (Tex. Crim. App. [Panel Op.] 1978). Counsel delivered a copy of the

brief to appellant, and we advised appellant that he has a right to file a pro se response. Appellant, however, did not file a pro se response.

We have reviewed the record and counsel's brief. We agree the appeal is frivolous

and without merit. We find nothing in the record that might arguably support the appeal.

We affirm the trial court's judgment.

PER CURIAM

Do Not Publish TEX. R. APP. P. 47

-2-

ROBBIE WALLACE GILLESPIE, Appeal from the 354'h District Court of Hunt Appellant County, Texas. (Tr.Ct.No. 18,608). Opinion delivered per curiam before Justices V. Lagarde, Maloney, and Wright.

THE STATE OF TEXAS, Appellee

JUDGMENT

Based on the Court's opinion of this date, we AFFIRM the judgment of the trial court.

Judgment e n t e r e d - - - - - - - - - - - - - - - - - -

FRANCES MALONEY JUSTICE Order entered June , 1999

In The Qrourt of Appeals ~iftq Bistrirt of wexas at Ballas No. 05-97-01287-CR

ORDER

We GRANT the February 10, 1999 motion of PeterS. Chamberlain for leave to withdraw

as counsel on appeal. We DIRECT the Clerk of the Court to remove PeterS. Chamberlain as

counsel of record for appellant. Further, we DIRECT the Clerk of the Court to send a copy of this

order and all future correspondence to Robbie Wallace Gillespie, TDC #800600, Middleton Unit,

13055 FM 3522, Abilene, Texas 79601.

FRANCES MALONEY JUSTICE