Court of Civil Appeals of Texas, 2008

Terry Lynn Arthur v. State

Terry Lynn Arthur v. State
Court of Civil Appeals of Texas · Decided May 21, 2008

Terry Lynn Arthur v. State

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN






NO. 03-07-00611-CR


Terry Lynn Arthur, Appellant


v.



The State of Texas, Appellee






FROM THE DISTRICT COURT OF TOM GREEN COUNTY, 119TH JUDICIAL DISTRICT

NO. B-04-0239-S, HONORABLE BEN WOODWARD, JUDGE PRESIDING


M E M O R A N D U M O P I N I O N


In July 2004, appellant Terry Lynn Arthur pleaded guilty to sexual assault and was placed on deferred adjudication supervision. In September 2007, the trial court granted the State's motion to adjudicate, adjudged appellant guilty, and imposed a seventeen-year prison sentence.

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). Appellant received a copy of counsel's brief and was advised of his 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 judgment of conviction is affirmed.





__________________________________________

Jan P. Patterson, Justice

Before Justices Patterson, Puryear and Henson

Affirmed

Filed: May 21, 2008

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