TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-02-00413-CR

In re Lydia Foster Whiteley

FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT NO. 51,226, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING

Lydia Foster Whiteley fatally shot her common-law husband in the presence of two witnesses. She pleaded guilty to murder, was adjudged guilty by the court, and was sentenced to ten years in prison. She now appeals from an order by the district court refusing her request for postconviction DNA testing. See Tex. Code Crim. Proc. Ann. arts. 64.01-.05.

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). A copy of counsel=s brief was delivered to appellant, and appellant was advised of her 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 district court=s order is affirmed.

Lee Yeakel, Justice Before Justices Kidd, B. A. Smith and Yeakel Affirmed Filed: October 24, 2002 Do Not Publish