Wayne Ray Hornbuckle 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. 03-03-00247-CR Wayne Ray Hornbuckle, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT NO. 47999, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING MEMORANDUM OPINION In December 1997, appellant Wayne Ray Hornbuckle was placed on deferred adjudication community supervision after he pleaded guilty to intentionally causing serious bodily injury to a child. Tex. Pen. Code Ann. ยง 22.04 (West Supp. 2003). The State later moved to proceed to adjudication. After a hearing, the court adjudged appellant guilty and imposed sentence of imprisonment for fifteen 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 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). 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. We find nothing in the record that might arguably support the appeal. The judgment of conviction is affirmed. __________________________________________ Mack Kidd, Justice Before Justices Kidd, B. A. Smith and Puryear Affirmed Filed: November 20, 2003 Do Not Publish 2
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