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Russell Smith v. State
Citation: Not availableDocket: 08-10-00116-CR
Court: Court of Appeals of Texas; February 22, 2011; Texas; State Appellate Court
Original Court Document: View Document
Appellant Russell Smith was convicted of assault and sentenced to fifteen years of confinement. He entered a not guilty plea before a jury, which assessed his punishment after the enhancement paragraph was acknowledged. Appellant's court-appointed counsel submitted a brief asserting that the appeal is entirely frivolous and without merit, adhering to the requirements set forth in Anders v. California. The brief mentioned a potential claim of ineffective assistance of trial counsel but ultimately deemed it unlikely to succeed. Appellant was informed of his right to review the record and file a pro se brief; however, no such brief was submitted. Following sentencing on February 19, 2010, a timely notice of appeal was filed in March 2010, and appellate counsel was appointed shortly thereafter. The court reviewed the record and the submitted brief and concurred that there were no viable issues to support the appeal. Consequently, the judgment was affirmed.