Luke Myers v. The State of Texas--Appeal from 21st District Court of Lee County

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-10-00696-CR NO. 03-10-00697-CR Luke Myers, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF LEE COUNTY, 21ST JUDICIAL DISTRICT NOS. 7173 & 7174, HONORABLE TERRY L. FLENNIKEN, JUDGE PRESIDING MEMORANDUM OPINION Luke Myers pleaded guilty to one count of aggravated robbery and one count of evading arrest or detention with a vehicle, and pleaded true to enhancement allegations. He did not have an agreement as to punishment. After a hearing on punishment, the trial court assessed sentence of concurrent prison terms of fifty years for aggravated robbery and twenty years for evading arrest. Appellant s court-appointed attorney has filed a motion to withdraw as counsel 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 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. No pro se brief has been filed and no extension of time to file a pro se brief has been 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 this appeal is frivolous. Counsel s motion to withdraw is granted. The judgment of conviction is affirmed. Jeff Rose, Justice Before Justices Puryear, Pemberton and Rose Affirmed Filed: May 11, 2011 Do Not Publish 2

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