Court of Civil Appeals of Texas, 2004

Rodney Curry v. State

Rodney Curry v. State
Court of Civil Appeals of Texas · Decided December 30, 2004

Rodney Curry v. State

Opinion

Opinion issued December 30, 2004










In The

Court of Appeals

For The

First District of Texas

____________


NO. 01-03-00990-CR

____________


RODNEY LYNN CURRY, Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 122nd District Court

Galveston County, Texas

Trial Court Cause No. 02CR3149




 

MEMORANDUM OPINION

               Appellant, Rodney Lynn Curry, was convicted by a jury of assault on a public servant. Concerning punishment, the jury found that appellant had two prior felony offenses, the second offense having been committed after the first became final, and assessed punishment at confinement for 35 years. We affirm.

               Appellant’s court-appointed counsel filed a motion to withdraw as counsel and a brief concluding that this appeal is without merit. Counsel’s 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 that demonstrates the lack of arguable grounds of error. 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).

               Counsel represents that he served a copy of the brief on appellant. Counsel also advised appellant by letter of his right to examine the appellate record and 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 without merit.

               We therefore affirm the judgment of the trial court.

               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 Chief Justice Radack, and Justices Keyes and Alcala.

Do not publish.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

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