Eddie Wayne Palmer 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. 03-03-00070-CR Eddie Wayne Palmer, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT NO. 48312, HONORABLE JOE CARROLL, JUDGE PRESIDING MEMORANDUM OPINION Appellant Eddie Wayne Palmer was placed on deferred adjudication community supervision after he pleaded guilty to aggravated assault with a deadly weapon. See Tex. Pen. Code Ann. ยง 22.02(a)(2) (West 2003). At a subsequent hearing on the State s motion to adjudicate, appellant pleaded true to the nine violations of the conditions of supervision alleged in the State s motion. The court adjudged him guilty and sentenced him to fifteen years imprisonment. 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 he 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. __________________________________________ Bea Ann Smith, Justice Before Chief Justice Law, Justices B. A. Smith and Patterson Affirmed Filed: December 4, 2003 Do Not Publish 2

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