ACCEPTED 03-15-00298-CR 7137973 THIRD COURT OF APPEALS NO. 03-15-00298-CR AUSTIN, TEXAS 9/29/2015 9:40:01 AM JEFFREY D. KYLE CLERK IN THE COURT OF APPEALS OF THE THIRD DISTRICT OF TEXAS FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 9/29/2015 9:40:01 AM JAMES BRADLEY WARDEN, JEFFREY D. KYLE Clerk Appellant V. THE STATE OF TEXAS Appellee Appeal in Cause No. 41100 in the 3 ^ Judicial District Court of Burnet County, Texas Brief For AppeliBB

OFFICE OF DISTRICT ATTORNEY 3 ^ and 424* JUDICL\ DISTRICTS Wiley B. McAfee, District Attorney P. O. Box 725, Llano, Texas 78643 Telephone Telecopier (325) 247-5755 (325) 247-5274 [email protected] By: Gary W. Bunyard Assistant District Attorney State Bar No. 03353500 ATTORNEY FOR APPELLEE September 29, 2015 Oral Argument Waived Identity Of The Parties Trial Court Honorable J. Allan Garrett 33'^ Judicial District Burnet County Courthouse Annex (North) 1701 East Polk St, Suite 74 Burnet, TX 78611

State/Appellee Robert B. Ewing (Trial Counsel) Assistant District Attorney P. O. Box 725 Llano, Texas 78643 (325) 247-5755 State Bar No. 24076376 Richard S. Crowther (Trial Counsel) Assistant District Attorney (former) P. O. Box 725 Llano, Texas 78643 (325) 247-5755 State Bar No. 15532500 Gary W. Bunyard (Appellate Counsel) Assistant District Attorney P. O. Box 725 Llano, Texas 78643 (325) 247-5755 State Bar No. 03353500 [email protected] ii Appellant Paula Michelle Moore (Trial Counsel) Burnet County Public Defender S. Pierce St. Burnet, TX 78611 (512) 234-3074 State Bar No. 14362150 Nathan G. Kight (Trial Counsel) Assistant Public Defender S. Pierce St. Burnet, TX 78611 (512) 234-3074 State Bar No. 24025472 Ken Mahaffey (Appellate Counsel) Attorney at Law P.O. Box 684585 Austin, TX 78768 (512) 444-6557 State Bar No. 12830050 Ken_Mahaffey@yahoo. com James Bradley Warden (Appellant) TDCJ #01994759 SID #03575255 James Bradshaw State Jail P.O. Box 9000 Henderson, TX 75653

iii Table Of Contents Page Index of Authorities vi Statement of the Case 1 Statement on Oral Argument 1 Response to Issues Presented 2 Statement of the Facts 2 Summary of the Argument and Argument 2 The State of Texas agrees with counsel that the record contains no reversible error and that this appeal is frivolous.

Prayer for Relief 3 Certificate of Word Count 3 Certificate of Service 4

iv Index Of Authorities

Case Law Page Anders v. California. 386 U.S. 738, 87 S. Ct. 1396, 18L.Ed.2nd492(1967) 2 High V. State. 573 S.W.2d 807 (Tex. Crim. App. 1978) 2 Penson v. Ohio, 488 U.S. 75, 109 S. Ct. 346, 102 L.Ed.2d 300 (1988) 2

Constitutions None cited

Statutes/Rules None cited

V statement Of The Case Appellant has adequately described the Statement of the Case.

Statement on Oral Argument The undersigned waives Oral Argument. The undersigned does not believe that Oral Argument will be beneficial for this case for the reason that the issues are straight forward and lack any novel or complex nuances and the counsel for Appellant has waived Oral Argument. However, the undersigned is willing to participate if the Court believes that Oral Argument will assist the Court in any way.

R e s p o n s e To i s s u e s Presented Response To Issues: The State of Texas agrees with counsel that the record contains no reversible error and that this appeal is frivolous.

Statement Of The Facts

Appellant has adequately described the facts of this case.

Summary Of The Argument and Argument on R e s p o n s e to i s s u e s Presented (1) The State of Texas agrees with counsel that the record contains no reversible error and that this appeal is frivolous.

Appellant seeks to appeal his conviction and sentence. Appellant's appellate counsel describes various arguable grounds for appeal and explains why such grounds do not support a finding of reversible error. The State of Texas has fully reviewed the record and agrees that there was no reversible error committed in the trial proceedings and that the appeal thereof is frivolous. See Anders v. California. 386 U.S. 738, 87 S. Ct. 1396, 18 L.Ed.2nd 492 (1967); Penson v. Ohio. 488 U.S. 75, 109 S. Ct. 346, 102 L.Ed.2d 300 (1988); and High v. State. 573 S.W.2d 807 (Tex. Crim. App. 1978).

PRA YER FOR RELIEF WHEREFORE, PREMISES CONSIDERED, Appellee prays the Court deny Appellant's appeal and affirm the judgment of the trial court.

Respectfully submitted, OFFICE OF DISTRICT ATTORNEY 3 ^ and 424* JUDICIAL DISTRICTS Wiley B. McAfee, District Attorney P. O. Box 725 Llano, Texas 78643 Telephone Telecopier (325) 247-5755 (325) 247-5274

State Bar No. 03353500 ATTORNEY FOR APPELLEE

CERTIFICATE OF WORD COUNT This is to certify that the pertinent portion of this brief contains 109 words printed in Times New Roman 14 font according to the WordPerfect™ X7 word count tool.

CERTIFICATE OF SERVICE This is to certify that a true copy of the above and foregoing instrument, together with this proof of service hereof, has been forwarded on the 29th day of September 2015, to Mr. Ken Mahaffey, Attorney for Appellant, by eServe and by email at Ken_Mahaffey@yahoo. com.

dg^^W^unyaf^ Assistant District Attorney