Court of Civil Appeals of Texas, 2014

Darius Lee Wright v. State

Darius Lee Wright v. State
Court of Civil Appeals of Texas · Decided August 27, 2014

Darius Lee Wright v. State

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-14-00301-CR

Darius Lee Wright, Appellant v. The State of Texas, Appellee

FROM THE DISTRICT COURT OF BELL COUNTY, 426TH JUDICIAL DISTRICT NO. 71213, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant Darius Lee Wright pled guilty to a third-degree-felony charge of unlawful possession of a firearm by a felon. See Tex. Penal Code § 46.04. There was no agreement as to the punishment, and the trial court assessed a punishment of eight years in prison.

Appellant’s court-appointed attorney has filed a motion to withdraw supported by a brief concluding that this appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738, 744 (1967), by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See id.; see also Penson v. Ohio, 488 U.S. 75, 80 (1988); High v. State, 573 S.W.2d 807, 811-13 (Tex. Crim. App. 1978).

His appellate counsel certified that he sent a copy of the brief to appellant and advised him of his right to examine the appellate record and to file a pro se brief. See Anders, 386 U.S. at 744.

Appellant did not file a pro se brief and did not request an extension of time to do so. We have reviewed the record and find no reversible error. See Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009). We agree with counsel that this appeal is frivolous.

Counsel’s motion to withdraw is granted. The judgment of conviction is affirmed.

Jeff Rose, Justice Before Chief Justice Jones, Justices Rose and Goodwin Affirmed Filed: August 27, 2014 Do Not Publish

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