Graham v. State, 10-82-187-CR
Decision Date | 17 March 1983 |
Docket Number | No. 10-82-187-CR,10-82-187-CR |
Citation | 649 S.W.2d 719 |
Parties | Donny Ray GRAHAM, Appellant, v. The STATE of Texas, Appellee. |
Court | Texas Court of Appeals |
Michael J. Rogers, Kenneth W. Boyd, Cleburne, for appellant.
John R. MacLean, Dist. Atty., Dale Hanna, Asst. Dist. Atty., Cleburne, for appellee.
Pleading not guilty, appellant Donny Ray Graham was convicted by a jury on both counts of a dual-count indictment charging him with aggravated rape of a child under the provisions of V.T.C.A., Penal Code §§ 21.03(a)(5) and 21.09(a), and with aggravated sexual abuse of a child under the provisions of Penal Code §§ 21.10(a) and 21.05(a)(5). The jury set punishment on each conviction at confinement in the penitentiary for 70 years.
Appellant's court-appointed counsel have filed a brief in which they state that the appeal in this cause is frivolous. The brief shows that a copy of it has been served on appellant and that appellant has been informed of his right to file a pro se appellate brief and his right to the record for that purpose, but in all other respects the brief fails to comply with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), or Currie v. State, 516 S.W.2d 684 (Tex.Cr.App.1974), as interpreted in High v. State, 573 S.W.2d 807 (Tex.Cr.App.1978). The brief asserts as its ground of error only that "As required by Jackson v. State, 485 S.W.2d 553 (Tex.Cr.App.1972) appellant's counsel would state that the record reflects no reversible error and there are no points upon which an appeal can be predicated."
The rules that presently govern the nature and content of the brief that must be filed by court-appointed counsel in a frivolous appeal of a contested case are set forth in High v. State, supra. There, our Court of Criminal Appeals said:
...
To continue reading
Request your trial-
Wilson v. State
...S.W.2d 51, 53-54 (Tex. App.Dallas 1985, no pet.); Monroe v. State, 671 S.W.2d 583, 586 (Tex. App.San Antonio 1984, no pet.); Graham v. State, 649 S.W.2d 719, 720 (Tex. App.Waco 1983, no pet.); In re Ganne, 643 S.W.2d 195, 195 (Tex. App.Austin 1982, no pet.). But see High v. State, 573 S.W.2......
-
Johnson v. State
...Ayala, 633 S.W.2d at 526. Similarly, we find only one published opinion from this court relating to an Anders issue. See Graham v. State, 649 S.W.2d 719 (Tex.App.--Waco 1983, no pet.). In Texas, every individual convicted of a crime has a statutory right to an appeal. TEX.CODE CRIM.PROC.ANN......