James Ray Parker v. The State of Texas Appeal from 119th District Court of Tom Green County (memorandum opinion )
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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-15-00544-CR James Ray Parker, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF TOM GREEN COUNTY, 119TH JUDICIAL DISTRICT NO. B-13-0458-SA, HONORABLE BARBARA L. WALTHER, JUDGE PRESIDING MEMORANDUM OPINION Appellant James Ray Parker was charged with aggravated assault with a deadly weapon, see Tex. Penal Code § 22.02(a)(2), a second-degree felony enhanced to habitual. A jury found Parker guilty and assessed Parker’s punishment at 99 years in the Texas Department of Criminal Justice-Institutional Division. 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 by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See Anders v. California, 386 U.S. 738, 744 (1967); Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009); see also Penson v. Ohio, 488 U.S. 75, 86–87 (1988). 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. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766. Appellant requested and received the appellate record and filed a pro se brief. We have conducted an independent review of the record, including appellate counsel’s brief and appellant’s brief, and find no reversible error. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766; Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005). We agree with counsel that the record presents no arguably meritorious grounds for review and the appeal is frivolous. Counsel’s motion to withdraw is granted. The judgment of conviction is affirmed. __________________________________________ Scott K. Field, Justice Before Justices Puryear, Goodwin, and Field Affirmed Filed: July 8, 2016 Do Not Publish 2
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