Court of Civil Appeals of Texas, 2003

Graham, Monte v. State

Graham, Monte v. State
Court of Civil Appeals of Texas · Decided July 24, 2003

Graham, Monte v. State

Opinion

Opinion issued July 24, 2003










In The

Court of Appeals

For The

First District of Texas

____________


NO. 01-01-01033-CR

____________


MONTE GRAHAM, Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 278th District Court

Walker County, Texas

Trial Court Cause No. 20,704-C




 

MEMORANDUM OPINION

               Appellant, Monte Graham, was convicted by a jury of aggravated robbery, and the trial court assessed punishment at confinement for 15 years. We affirm.

               Appellant’s court-appointed counsel filed a motion to withdraw as counsel and a brief concluding that the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967), by presenting a professional evaluation of the record and demonstrating why there are no arguable grounds of error to be advanced. See High v. State, 573 S.W.2d 807, 811 (Tex. Crim. App. 1978); Moore v. State, 845 S.W.2d 352, 353 (Tex. App.—Houston [1st Dist.] 1992, pet. ref’d).

               The motion to withdraw states that a copy of the brief, as well as a copy of the entire appellate record was delivered to appellant, whom counsel advised of his right to file a pro se brief. See Stafford v. State, 813 S.W.2d 503, 510 (Tex. Crim. App. 1991). More than 30 days have passed, and appellant has not filed a pro se brief. We have carefully reviewed the record and counsel’s brief. We find no reversible error in the record, and agree that the appeal is wholly frivolous.

               We affirm the judgment.

               We grant counsel’s motion to withdraw. See Stephens v. State, 35 S.W.3d 770, 771 (Tex. App.—Houston [1st Dist.] 2000, no pet.).

PER CURIAM

Panel consists of Justices Hedges, Nuchia, and Keyes.

Do not publish. Tex. R. App. P. 47.2(b).

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