Caleb Eugene McDaniel v. The State of Texas--Appeal from 119th District Court of Tom Green County
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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Bea Ann Smith, Justice Before Chief Justice Aboussie, Justices B. A. Smith and Yeakel Affirmed Filed: May 31, 2002 Do Not Publish 2
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