Quincey Lakeith Gibson v. The State of Texas--Appeal from 277th District Court of Williamson County

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-09-00162-CR Quincey Lakeith Gibson, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 277TH JUDICIAL DISTRICT NO. 08-383-K277, HONORABLE KEN ANDERSON, JUDGE PRESIDING MEMORANDUM OPINION Appellant Quincey Lakeith Gibson pleaded guilty to possessing more than four grams of cocaine. See Tex. Health & Safety Code Ann. ยง 481.115(a), (d) (West 2003). He also pleaded true to allegations of two previous felony convictions. The court adjudged him guilty and imposed a forty-five year prison sentence. Appellant s court-appointed attorney has filed a motion to withdraw supported by 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). 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. 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. ___________________________________________ J. Woodfin Jones, Chief Justice Before Chief Justice Jones, Justices Waldrop and Henson Affirmed Filed: September 25, 2009 Do Not Publish 2

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