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531 S.W.2d 632

Docket No. 51262.

Washington v. State

Jesse David WASHINGTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas

Decided January 14, 1976.

Court of Criminal Appeals of Texas · decided 1976-01-14

Relies on Anders v. California · Gainous v. State · Currie v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1976-01-14

How this case has been cited

Cited by 8 later decisions — most recently September 2016

8 state decisions

3019761980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Douglas Parks, Dallas, for appellant.

¶2Henry Wade, Dist. Atty., Donald H. Flanary, Jr., Dale Markland and Jim Burnham, Asst. Dist. Attys., Dallas, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.

¶3

OPINION

¶4DAVIS, Commissioner.

¶5Appellant was convicted by a jury of the offense of burglary of a habitation. Punishment was assessed by the court at fifteen years.

¶6Appellant's court-appointed counsel has filed a brief in which he has concluded that the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California,386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493. One contention is advanced which counsel says might arguably support the appeal. See Gainous v. State, Tex.Cr.App., 436 S.W.2d 137; Jackson v. State, Tex.Cr.App., 485 S.W.2d 553; Currie v. State, Tex.Cr.App., 516 S.W.2d 684. A copy of counsel's brief and the appellate record have been delivered to appellant and appellant has been advised of his right to file a pro se brief. No pro se brief has been filed.

¶7The record reflects that appellant waived indictment and elected to be prosecuted by information pursuant to Art. 1.141, Vernon's Ann.C.C.P. Counsel's contention is that the complaint, which was filed with the information, was unsigned, therefore rendering the information based on an invalid complaint. In Chapple v. State, Tex. Cr.App., 521 S.W.2d 280, this Court held that when an accused waives the right to be tried upon an indictment in a non-capital felony case and elects to be tried upon an information, no complaint is required. No error is shown.

¶8We have carefully reviewed the record and counsel's brief and agree that the appeal is wholly frivolous and without merit.

¶9The judgment is affirmed.

¶10Opinion approved by the Court.

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