Homer C. Swarn v. The State of Texas--Appeal from 241st District Court of Smith County (Majority)

State: Texas

Court: Texas Northern District Court

Docket No: 06-11-00068-CR

Case Date: 09/30/2011

Plaintiff: Homer C. Swarn

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

Preview:In The Court of Appeals Sixth Appellate District of Texas at Texarkana
______________________________ No. 06-11-00068-CR ______________________________

HOMER C. SWARN, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 241st Judicial District Court Smith County, Texas Trial Court No. 241-1260-10

Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Justice Carter

MEMORANDUM OPINION Homer C. Swarn appeals from his conviction in a Smith County1 jury trial for aggravated assault with a deadly weapon. Swarn pled guilty, and he also pled true to an enhancement. Punishment was assessed by a jury at seventy-five years' imprisonment and a $10,000.00 fine. Swarn's attorney on appeal has filed a brief which discusses the record and reviews the proceedings in detail. Counsel has thus provided a professional evaluation of the record

demonstrating why, in effect, there are no arguable grounds to be advanced. This meets the requirements of Anders v. California, 386 U.S. 738 (1967); Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1981); and High v. State, 573 S.W.2d 807 (Tex. Crim. App. [Panel Op.] 1978). Counsel mailed a copy of the brief and a letter to Swarn on July 15, 2011, informing Swarn of his right to file a pro se response and of his right to review the record. No response has been filed. Counsel has also filed a motion with this Court seeking to withdraw as counsel in this appeal. We have determined that this appeal is wholly frivolous. We have independently

reviewed the clerk's record and the reporter's record, and find no genuinely arguable issue. See Halbert v. Michigan, 545 U.S. 605, 623 (2005). We therefore agree with counsel's assessment

1

Originally appealed to the Twelfth Court of Appeals, this case was transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV'T CODE ANN.

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