Patterson v. State

¶1OPINION

¶2Appellant, pleading not guilty, was convicted in a jury trial of the offense of felony theft. Jury was waived in the penalty stage, and punishment was assessed by the court at five (5) years. Appellant’s motion for new trial, based solely on allegations of jury misconduct, was overruled. Appellant was duly sentenced, and gave notice of appeal. The record discloses that appellant was released on bail pending appeal.

¶3Appellant’s court appointed lawyer has filed a brief in which he states that after diligently reviewing the record and the law applicable thereto, he is of the opinion that the appeal “is of a wholly frivolous nature.”

¶4The record on appeal contains a certificate duly signed and sworn to by appellant on March 27, 1972, which, after stating the style and trial court number of the case, reads:

“I here certify that I was furnished with a copy of the Appellant’s Brief, Statement of Facts and Transcript in the above entitled and numbered cause and I have had sufficient time to ex*589amine said instruments and that I do not have anything to add to the Appellant’s Brief.

“Executed this 27th day of March, 1972.

/s/ Edward Lee Patterson 1 EDWARD LEE PATTERSON

“SUBSCRIBED AND SWORN TO BEFORE ME this the 27th day of March, 1972.

/sJ Donna C. James Notary Public, Potter County, Texas”

¶5No pro se brief has been filed.

¶6We find the procedure to be in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967) and Gainous v. State, 436 S.W.2d 137 (Tex.Cr.App.1969). See also Johnson v. State, 490 S.W.2d 587, (Tex.Cr.App.1973) this day delivered. We have examined the record and agree that the appeal is wholly without merit.

¶7The judgment is affirmed.

¶8Opinion approved by the Court.