Legal Opinion

McElwain v. State

Court of Appeals of Texas

Decided March 6, 2014No. 10-13-00291-CRPublishedCited by 6 opinions

1Opinion of the Court

ORDER

2Per curiam

Joseph Robert McElwain, Jr. was convicted of the offense of burglary of a habitation and sentenced to 15 years in prison. Tex. Pen. Code Ann. § 30.02(c)(2) (West 2011). Counsel for McElwain has filed a motion to withdraw as counsel and a brief in support of his motion pursuant to An-ders v. California. See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

The brief submitted by McElwain’s court-appointed counsel states his professional opinion that there are no arguable grounds for reversal on appeal and, therefore, that any appeal would lack merit. See Anders, 386…

3Cases cited7 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. McCoy v. Court of Appeals of Wisconsin, District 1Supreme Court of the United States · 1988
  3. Mayer v. StateCourt of Criminal Appeals of Texas · 2010
  4. Wiley, Sam Jr.Court of Criminal Appeals of Texas · 2013
  5. Ferguson v. StateCourt of Appeals of Texas · 2014

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4Cited by6 opinions

  1. Clarence Dwight Hines v. State, Texas Court of Appeals, 10th District (Waco)2014
  2. Ferguson v. StateCourt of Appeals of Texas · 2014
  3. Joseph Robert McElwain, Jr. v. State, Texas Court of Appeals, 10th District (Waco)2014
  4. Lemyel Odell Price v. State, Texas Court of Appeals, 10th District (Waco)2014
  5. in Re Robert Allen Byrd, Texas Court of Appeals, 10th District (Waco)2015

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