Charles Edward Cross v. The State of Texas--Appeal from 264th District Court of Bell County

Annotate this Case
Download PDF
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-05-00343-CR Charles Edward Cross, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT NO. 55293, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING MEMORANDUM OPINION Appellant Charles Edward Cross was placed on deferred adjudication community supervision after pleading guilty to aggravated assault. See Tex. Pen. Code Ann. ยง 22.02 (West Supp. 2004-05). The court later granted the State s motion to adjudicate and sentenced Cross to four years in prison. Cross 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). Cross received a copy of counsel s brief and was advised of his right to examine the appellate record and 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. Counsel s motion to withdraw is granted. The judgment of conviction is affirmed. ___________________________________________ Bea Ann Smith, Justice Before Justices B. A. Smith, Patterson and Puryear Affirmed Filed: October 13, 2005 Do Not Publish 2