Crystal D. Furgerson v. The State of Texas--Appeal from 264th District Court of Bell County

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-05-00365-CR Crystal D. Furgerson, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT NO. 49214, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING MEMORANDUM OPINION In 1998, appellant Crystal D. Furgerson pleaded guilty to theft of more than $1500 but less than $20,000. See Tex. Pen. Code Ann. § 31.03 (West Supp. 2004-05). The district court deferred adjudication and placed her on community supervision for ten years. In May 2005, the court adjudged Furgerson guilty after she admitted violating some of the conditions of her supervision. The court sentenced Furgerson to two years in state jail. Furgerson 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 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). Furgerson received a copy of counsel s brief and was advised of her 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. We find nothing in the record that might arguably support the appeal. Counsel s motion to withdraw is granted. The judgment of conviction is affirmed. __________________________________________ Bea Ann Smith, Justice Before Justices B. A. Smith, Patterson and Puryear Affirmed Filed: November 10, 2005 Do Not Publish 2

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