Claude Windell Montgomery v. The State of TexasAppeal from 426th District Court of Bell County (memorandum opinion )

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-13-00454-CR Claude Windell Montgomery, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF BELL COUNTY, 426TH JUDICIAL DISTRICT NO. 69010, HONORABLE JOHN GAUNTT, JUDGE PRESIDING MEMORANDUM OPINION Appointed counsel for appellant Claude Windell Montgomery has filed a motion to withdraw supported by an Anders brief concluding that this appeal is frivolous and without merit. See Anders v. California, 386 U.S. 738 (1967). After the brief was filed, Montgomery filed a pro se motion to dismiss his appeal. We grant Montgomery s pro se motion and dismiss the appeal. See Tex. R. App. P. 42.2(a), 43.2(f).1 Counsel s motion to withdraw is dismissed as moot. 1 See also Smith v. State, No. 02-07-00029-CR, 2007 Tex. App. LEXIS 4696, at *1-2 (Tex. App. Fort Worth June 14, 2007, no pet.) (mem. op., not designated for publication) (dismissing appeal under similar circumstances); Crockett v. State, No. 07-04-00438-CR, 2006 Tex. App. LEXIS 796, at *1 (Tex. App. Amarillo Jan. 31, 2006, no pet.) (mem. op., not designated for publication) (same). __________________________________________ Bob Pemberton, Justice Before Chief Justice Jones, Justices Pemberton and Field Dismissed on Appellant s Motion Filed: December 11, 2013 Do Not Publish 2

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