in Re Pedro P. Lucio

Court of Appeals of Texas·Decided October 28, 2009·No. 03-09-00552-CV·Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-09-00044-CR

Lloyd Anthony Nelson, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF MILAM COUNTY, 20TH JUDICIAL DISTRICT NO. CR21890, HONORABLE ED MAGRE, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant’s court-appointed attorney filed a brief concluding that the appeal is

frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738

(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 brief and was advised of his right

to examine the appellate record and to file a pro se brief. No pro se brief has been filed.

We have reviewed the record and counsel’s brief and agree that the appeal is

frivolous and without merit. We find nothing in the record that might arguably support the appeal. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). Counsel’s motion to

withdraw is granted.

The judgment of conviction is affirmed.

__________________________________________

Diane M. Henson, Justice

Before Chief Justice Jones, Justices Waldrop and Henson

Affirmed

Filed: October 28, 2009

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Related

Anders v. California
386 U.S. 738 (Supreme Court, 1967)
Penson v. Ohio
488 U.S. 75 (Supreme Court, 1988)
Bledsoe v. State
178 S.W.3d 824 (Court of Criminal Appeals of Texas, 2005)
High v. State
573 S.W.2d 807 (Court of Criminal Appeals of Texas, 1978)
Jackson v. State
485 S.W.2d 553 (Court of Criminal Appeals of Texas, 1972)
Gainous v. State
436 S.W.2d 137 (Court of Criminal Appeals of Texas, 1969)
Currie v. State
516 S.W.2d 684 (Court of Criminal Appeals of Texas, 1974)