Kevin Tremayne Hinton v. State

• Court: Court of Appeals of Texas
• Decided: February 12, 2003
• Docket: 04-02-00515-CR
• Status: Published

Opinion

MEMORANDUM OPINION

No. 04-02-00515-CR

Kevin Tremayne HINTON,

Appellant

v.

The STATE of Texas,

Appellee

From the 177th Judicial District Court, Harris County, Texas

Trial Court No. 894097

Honorable Carol G. Davies, Judge Presiding

Opinion by:    Karen Angelini, Justice

Sitting:            Sarah B. Duncan, Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed:   February 12, 2003

AFFIRMED

            After a trial on the merits, Kevin Tremayne Hinton was found guilty of assaulting a public servant and was sentenced to forty years imprisonment. Hinton filed a timely notice of appeal. His court-appointed appellate attorney filed a brief in which she raises two arguable points of error, but nonetheless concludes that this appeal is frivolous and without merit. Anders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). Counsel states that appellant was provided with a copy of the brief and motion to withdraw and was further informed of his right to review the record and file his own brief. Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.—San Antonio 1996, no pet.). Hinton did not file a pro se brief.

            We have reviewed the record and counsel’s brief. We agree that the appeal is frivolous and without merit. The judgment of the trial court is affirmed. Furthermore, we grant the motion to withdraw. Nichols v. State, 954 S.W.2d 83, 85-86 (Tex. App.—San Antonio 1997, no pet.); Bruns 924 S.W.2d at 177, n.1.

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