Tettus Davis v. State

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-05-00841-CR

James Morgan, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 167TH JUDICIAL DISTRICT NO. D-1-DC-05-202541, HONORABLE MICHAEL LYNCH, JUDGE PRESIDING

MEMORANDUM OPINION

A jury found appellant James Morgan guilty of unlawfully possessing a firearm. See Tex. Pen. Code Ann. § 46.04 (West Supp. 2006). The court imposed a six-year prison term.

Morgan’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). Morgan 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.

__________________________________________

Bea Ann Smith, Justice

Before Justices B. A. Smith, Pemberton and Waldrop Affirmed Filed: October 31, 2006 Do Not Publish