Upon receiving an Anders brief, we must conduct a full examination of all the proceedings to determine whether the case is wholly frivolous. This court also provided appellant with the opportunity to file a pro se appellate brief, but none has been filed. The brief meets the requirements of Anders as it presents a professional evaluation showing why there is no basis to advance an appeal. Finally, counsel examined the record to determine whether any claim of ineffective assistance could be brought and concluded none could. Counsel also reviews the motion for new trial, which alleged only that the verdict was contrary to the law and evidence. With citations to the record and legal precedent, counsel explains why he concludes the appeal is without merit.
Counsel also reviewed the punishment phase of trial, including evidence adduced, objections made by trial counsel, and the punishment-phase charge conference. In counsel's brief, counsel reviewed pretrial matters, which included fourteen "boilerplate" pretrial motions and appellant's effort to exclude from evidence inculpatory statements made before his transport from the crime scene and after his arrival at the police station jury selection evidence adduced at trial the jury charge arguments and objections made by trial counsel during the guilt-innocence phase of trial. In his brief, counsel states: (1) he diligently reviewed the appellate record (2) he found no legally reasonable grounds for reversal present in the record and (3) he served a copy of this brief on appellant with a letter informing appellant of his right to file a pro se brief on his own behalf. We conclude this appeal is frivolous and without merit therefore, we affirm.Īppellant's counsel filed a brief with this court in which he concluded the appeal is frivolous and without merit.
Opinion by: Sandee Bryan Marion, Justice Sitting: Sandee Bryan Marion, JusticeĪfter a jury trial, appellant, Maurice Murphy, was convicted of murder and sentenced to forty years' confinement as a habitual felon. From the 227th Judicial District Court, Bexar County, Texas Trial Court No.
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