Legal Opinion

Gainous v. State

Court of Criminal Appeals of Texas

Decided January 15, 1969No. 41743PublishedCited by 3,897 opinions

1Opinion of the Court

OPINION

ONION, Judge.

The offense is burglary with intent to commit theft; the punishment, enhanced under the provisions of Art. 62, Vernon’s Ann.P.C., twelve (12) years.

Sentence was imposed on June 30, 1967, and notice of appeal was given. On the same date, appellant filed a pauper’s oath and counsel on appeal was appointed. 1

Such counsel, Honorable Joe E. Turner, after an examination of the record found the appeal to be frivolous and without merit. Aware of his duties as prescribed by Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493, 2 counsel, in light of Texas appellate…

2Cases cited5 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. Edward Morgan MacKenna v. O. B. Ellis, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1960
  3. Thomas Lorenzo Williams v. Dr. George Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1966
  4. Fletcher v. StateCourt of Criminal Appeals of Texas · 1965
  5. Sirls v. StateCourt of Criminal Appeals of Texas · 1968

3Cited by3,897 opinions

  1. Kelly, SylvesterCourt of Criminal Appeals of Texas · 2014
  2. Jackson v. StateCourt of Criminal Appeals of Texas · 1972
  3. Asberry v. State, Texas Court of Appeals, 5th District (Dallas)1991
  4. Eaden v. State, Texas Court of Appeals, 11th District (Eastland)2005
  5. Mitchell v. State, Texas Court of Appeals, 1st District (Houston)2006

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