Caleb Eugene McDaniel v. State, No. 03-01-00735-CR (Tex. App.—Austin May 31, 2002). · Go Syfert
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Caleb Eugene McDaniel
v.
State
03-01-00735-CR.
Court of Appeals of Texas.
May 31, 2002.
Unpublished opinion
Published

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN






NO. 03-01-00735-CR


Caleb Eugene McDaniel, Appellant


v.



The State of Texas, Appellee






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

NO. B-01-0271-S, HONORABLE BARBARA L. WALTHER, JUDGE PRESIDING


Appellant Caleb Eugene McDaniel pleaded guilty to an indictment accusing him of aggravated sexual assault of a child. See Tex. Pen. Code Ann. § 22.021 (West Supp. 2002). The district court adjudged him guilty and assessed punishment at imprisonment for eight years.

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 advancing an arguable point of error. 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). A copy of counsel's brief was delivered to appellant, and appellant 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. A discussion of the contention advanced in counsel's brief would serve no beneficial purpose.

The judgment of conviction is affirmed.





__________________________________________

Bea Ann Smith, Justice

Before Chief Justice Aboussie, Justices B. A. Smith and Yeakel

Affirmed

Filed: May 31, 2002

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