LeeAndrea Mathis aka Lee Andrea Mathis 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. 03-10-00219-CR LeeAndrea Mathis aka Lee Andrea Mathis, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF TOM GREEN COUNTY, 119TH JUDICIAL DISTRICT NO. B-09-0811-SA, HONORABLE JAY K. WEATHERBY, JUDGE PRESIDING MEMORANDUM OPINION A jury convicted LeeAndrea Mathis of evading arrest with a motor vehicle. After finding two enhancement paragraphs alleging prior felonies to be true, the jury assessed punishment at seventeen years in prison. Appellant s court-appointed attorney has filed a motion to withdraw supported by a brief concluding that this appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738, 744 (1967), by presenting a professional evaluation of the records 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 was advised of his right to examine the appellate record and to file a pro se brief. See Anders, 386 U.S. at 744. Appellant requested and received a 60-day extension of time to file his brief by November 30, 2010. No pro se brief has been filed and no further extension of time was requested. We have reviewed the record and find no reversible error. See Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009); Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). We agree with counsel that the appeal is frivolous. Counsel s motion to withdraw is granted. The judgment of conviction is affirmed. ___________________________________________ Jeff Rose, Justice Before Justices Henson, Rose and Goodwin Affirmed Filed: March 2, 2011 Do Not Publish 2

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