Court of Civil Appeals of Texas, 2004

Gene Paul Strange v. State

Gene Paul Strange v. State
Court of Civil Appeals of Texas · Decided March 4, 2004

Gene Paul Strange v. State

Opinion

Opinion issued March 4, 2004













In The

Court of Appeals

For The

First District of Texas

____________


NO. 01-03-00787-CR

____________


GENE PAUL STRANGE, Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 338th District Court

Harris County, Texas

Trial Court Cause No. 899595




 

MEMORANDUM OPINION

               Appellant, Gene Paul Strange, waived his right to a jury trial and pleaded not guilty to murder. After hearing the evidence, the trial court found him guilty of murder. Appellant pleaded true to an enhancement paragraph that alleged he had a prior felony conviction. The trial court 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 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 brief states that a copy was delivered to appellant, whom counsel advised 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 wholly frivolous.

               We 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 Justices Taft, Nuchia, and Hanks.

Do not publish.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

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