Pavy Phangnivong v. State

• Court: Court of Appeals of Texas
• Decided: October 1, 2009
• Docket: 03-09-00194-CR
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-09-00194-CR

Pavy Phangnivong, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF BELL COUNTY, 27TH JUDICIAL DISTRICT NO. 63719, HONORABLE JOE CARROLL, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant Pavy Phangnivong’s estranged wife testified that he shot her in the shoulder

when she went to his residence to collect a child support check. Appellant admitted shooting the

complainant, but he claimed that it was an accident. The jury found appellant guilty of aggravated

assault on a family member and assessed punishment at twelve years’ imprisonment. See Tex. Penal

Code Ann. § 22.02 (West Supp. 2008).

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 (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. Counsel’s

motion to withdraw is granted.

The judgment of conviction is affirmed.

__________________________________________

J. Woodfin Jones, Chief Justice

Before Chief Justice Jones, Justices Waldrop and Henson

Affirmed

Filed: October 1, 2009

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