Court of Civil Appeals of Texas, 2004

Tony Lynn McCray v. State

Tony Lynn McCray v. State
Court of Civil Appeals of Texas · Decided April 8, 2004

Tony Lynn McCray v. State

Opinion

                                                             11th Court of Appeals

                                                                  Eastland, Texas

                                                                        Opinion

 

Tony Lynn McCray

Appellant

Vs.                   No. 11-03-00245-CR B Appeal from Harris County

State of Texas

Appellee

 

The jury convicted Tony Lynn McCray of murder and assessed his punishment at confinement for 75 years.  We affirm.

Appellant=s court-appointed counsel has filed a brief in which he states that, after a thorough and diligent review of the record and a professional evaluation of the possible points of error and pertinent legal authorities, he is unable to find any errors arguably sufficient to warrant a reversal.  In his brief, counsel evaluates the voir dire proceedings, the testimony offered at the trial on the merits, the hearing on appellant=s motion to suppress his videotaped confession, the charge to the jury, arguments made by counsel at both the guilt/innocence phase as well as at the punishment phase, objections made by counsel and the trial court=s rulings, and the effectiveness of trial counsel.  Counsel concludes that the appeal is frivolous.

Counsel has furnished appellant with a copy of the brief and advised appellant of his right to review the record and to file a pro se brief.  A pro se brief has not been filed.  Counsel has complied with the procedures outlined in Anders v. California, 386 U.S. 738 (1967); Stafford v. State, 813 S.W.2d 503 (Tex.Cr.App. 1991); High v. State, 573 S.W.2d 807 (Tex.Cr.App. 1978); Currie v. State, 516 S.W.2d 684 (Tex.Cr.App. 1974); and Gainous v. State, 436 S.W.2d 137 (Tex.Cr.App. 1969).


Following the procedures outlined in Anders, we have independently reviewed the record.  The evidence is both legally and factual sufficient to support the conviction.  Jackson v. Virginia, 443 U.S. 307 (1979); Clewis v. State, 922 S.W.2d 126 (Tex.Cr.App. 1996).  The record further reflects that appellant was afforded reasonably effective assistance of counsel at trial.  Strickland v. Washington, 466 U.S. 668 (1984); Hernandez v. State, 988 S.W.2d 770 (Tex.Cr.App. 1999);  Stafford v. State, supra.  We agree that the appeal is without merit.

The judgment of the trial court is affirmed.

 

PER CURIAM

 

April 8, 2004

Do not publish.  See TEX.R.APP.P. 47.2(b).

Panel consists of:  Arnot, C.J., and

Wright, J., and McCall, J.

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