From Casetext: Smarter Legal Research

Jones v. State

Court of Appeals of Texas, Third District, Austin
Nov 20, 2009
No. 03-08-00683-CR (Tex. App. Nov. 20, 2009)

Opinion

No. 03-08-00683-CR

Filed: November 20, 2009. DO NOT PUBLISH.

Appealed from the District Court of Caldwell County, 421st Judicial District, No. 2003-197, Honorable Jack Robison, Judge Presiding. Affirmed

Before Justices PATTERSON, PURYEAR and PEMBERTON.


MEMORANDUM OPINION


In April 2004, appellant James Douglas Jones was placed on deferred adjudication community supervision after he pleaded guilty to the aggravated assault of a public servant. See Tex. Penal Code Ann. § 22.02 (West Supp. 2009). Following a hearing on September 29, 2008, the trial court granted the State's motion to adjudicate, adjudged appellant guilty, and sentenced him to twenty-five years in prison. Appellant's court-appointed attorney has filed a motion to withdraw supported by 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 has filed a pro se brief in response. We have reviewed the record, counsel's brief, and the pro se brief. We agree with counsel that the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005) (holding that it is constitutional error for appellate court to address nonmeritorious arguments raised in pro se response to Anders brief). Counsel's motion to withdraw is granted. The judgment of conviction is affirmed.


Summaries of

Jones v. State

Court of Appeals of Texas, Third District, Austin
Nov 20, 2009
No. 03-08-00683-CR (Tex. App. Nov. 20, 2009)
Case details for

Jones v. State

Case Details

Full title:James Douglas Jones, Appellant v. The State of Texas, Appellee

Court:Court of Appeals of Texas, Third District, Austin

Date published: Nov 20, 2009

Citations

No. 03-08-00683-CR (Tex. App. Nov. 20, 2009)

Citing Cases

Jones v. Thaler

Petitioner's conviction was affirmed on direct appeal. Jones v. State, No. 03-08-683-CR, 2009 WL 3922903…

Jones v. State

This Court affirmed Jones's conviction. See Jones v. State, No. 03-08-00683-CR, 2009 Tex. App. LEXIS 8962…