Andre Legale Jenkins v. The State of Texas--Appeal from 241st District Court of Smith County

State: Texas

Court: Texas Northern District Court

Docket No: 12-05-00208-CR

Case Date: 10/25/2006

Plaintiff: Andre Legale Jenkins

Defendant: The State of Texas--Appeal from 241st District Court of Smith County

Preview:Russell Lee Hadley v. The State of Texas--Appeal from 266th District Court of Erath County
/**/ 11th Court of Appeals Eastland, Texas Opinion Russell Lee Hadley Appellant Vs. No. 11-04-00297-CR -- Appeal from Erath County State of Texas Appellee This is an appeal from an order denying Russell Lee Hadley s motion for forensic DNA testing pursuant to TEX. CODE CRIM. PRO. ANN. art. 64.01 et seq. (Vernon Pamph. Supp. 2004 - 2005). Appellant was originally convicted, upon his plea of guilty, of aggravated sexual assault of a child. We affirm. Appellant s court-appointed counsel has filed a motion to withdraw. The motion is supported by a brief in which counsel professionally and conscientiously examines the record and applicable law and states that he has concluded that the appeal is frivolous. Counsel has provided appellant with a copy of the brief and advised appellant of his right to review the record and file a response to counsel s brief. Appellant has not filed a pro se response. Court-appointed counsel has complied with the requirements of Anders v. California, 386 U.S. 738 (1967); Stafford v. State, 813 S.W.2d 503 (Tex.Cr.App.1991); High v. State, 573 S.W.2d 807 (Tex.Cr.App.1978); Currie v. State, 516 S.W.2d 684 (Tex.Cr.App.1974); Gainous v. State, 436 S.W.2d 137 (Tex.Cr.App.1969); Eaden v. State, No. 11-03-00405-CR, 2005 WL 309558 (Tex.App. - Eastland, February 10, 2005, no pet n)(not yet reported). Following the procedures outlined in Anders, we have independently reviewed the record, and we agree that the appeal is without merit. The record reflects that appellant admitted penetrating the child s anus with his finger and that identity was not an issue. Article 64.03(a). The motion to withdraw is granted, and the judgment of the trial court is affirmed. April 14, 2005 PER CURIAM Do not publish. See TEX.R.APP.P. 47.2(b). Panel consists of: Arnot, C.J., and Wright, J., and McCall, J.

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