Jimmy Gamble v. State

• Court: Court of Appeals of Texas
• Decided: June 29, 2007
• Docket: 12-06-00261-CR
• Status: Published

Opinion

                                                NO. 12-06-00261-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

JIMMY GAMBLE,    §                      APPEAL FROM THE 114TH

APPELLANT

V.        §                      JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE   §                      SMITH COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

            Jimmy Gamble appeals his conviction for burglary of a habitation, for which he was sentenced to imprisonment for life.  Appellant’s counsel filed a brief in compliance with Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967) and Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969).  Thereafter, Appellant filed a pro se brief.  We affirm.

Background

            Appellant was charged by indictment with burglary of a habitation and pleaded “not guilty.”  The matter proceeded to a jury trial.  Following the presentation of evidence, the jury found Appellant “guilty” as charged.  After a trial on punishment was conducted, the jury assessed Appellant’s punishment at imprisonment for life.  The trial court sentenced Appellant accordingly, and this appeal followed.

Analysis Pursuant to Anders v. California

            Appellant’s counsel filed a brief in compliance with Anders and Gainous.  Appellant’s counsel states that she has diligently reviewed the appellate record and is of the opinion that the record reflects no reversible error and that there is no error upon which an appeal can be predicated.  She further relates that she is well acquainted with the facts in this case.  In compliance with Anders, Gainous, and High v. State, 573 S.W.2d 807 (Tex. Crim. App. [Panel Op.] 1978), Appellant’s Anders brief presents a chronological summation of the procedural history of the case and further states that Appellant’s counsel is unable to raise any arguable issues for appeal.

            Thereafter, Appellant filed a pro se brief in which he raised the following issues:  (1) ineffective assistance of trial counsel and (2) ineffective assistance of his appellate counsel.  We have reviewed the record for reversible error and have found none.  See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005).

Conclusion

            As required by Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991), Appellant’s counsel has moved for leave to withdraw.  We carried the motion for consideration with the merits.  Having done so and having found no reversible error, Appellant’s counsel’s motion for leave to withdraw is hereby granted and the trial court’s judgment is affirmed.

Opinion delivered June 29, 2007.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(DO NOT PUBLISH)