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Appellant's court-appointed counsel filed a brief in which he has concluded that the appeal presents no legally non-frivolous question. (1) Appellant's brief meets the requirements of Anders. (2) Counsel has informed the Court that he notified appellant of the following: (1) after reviewing the record, he found no meritorious issues for appeal; (2) he is requesting to withdraw as counsel; and (3) appellant has the right to review the appellate record and to file a pro se brief. (3) Counsel has forwarded appellant a copy of the Anders brief and a copy of his motion to withdraw as attorney of record. More than thirty days have passed, and appellant has not filed any pro se brief. Is appellant "legally trained"?

Baker's Texas Penal Code Handbook includes the full text of the Texas Penal Code as amended through the 79th Session of the Texas Legislature, and contains over 16,000 case notes from reported Texas court decisions, constituting a one-volume annotated Texas Penal Code. For more information visit the Baker's Texas Penal Code Handbook information page. The 2006 Edition of Baker's Texas Penal Code Handbook contains 162 case notes under Chapter 36. Use our order form to place your order today.
No amendments to this provision were enacted at the 79th Regular Session of the Texas Legisature (2005).
2004 Texas Penal Code
TITLE 8. OFFENSES AGAINST PUBLIC ADMINISTRATION
CHAPTER 36. BRIBERY AND CORRUPT INFLUENCE
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Sec. 36.08. Gift to Public Servant by Person Subject to his Jurisdiction.
(a) A public servant in an agency performing regulatory functions or conducting inspections or investigations commits an offense if he solicits, accepts, or agrees to accept any benefit from a person the public servant knows to be subject to regulation, inspection, or investigation by the public servant or his agency.
(b) A public servant in an agency having custody of prisoners commits an offense if he solicits, accepts, or agrees to accept any benefit from a person the public servant knows to be in his custody or the custody of his agency.
(c) A public servant in an agency carrying on civil or criminal litigation on behalf of government commits an offense if he solicits, accepts, or agrees to accept any benefit from a person against whom the public servant knows litigation is pending or contemplated by the public servant or his agency.
(d) A public servant who exercises discretion in connection with contracts, purchases, payments, claims, or other pecuniary transactions of government commits an offense if he solicits, accepts, or agrees to accept any benefit from a person the public servant knows is interested in or likely to become interested in any contract, purchase, payment, claim, or transaction involving the exercise of his discretion.
(e) A public servant who has judicial or administrative authority, who is employed by or in a tribunal having judicial or administrative authority, or who participates in the enforcement of the tribunal's decision, commits an offense if he solicits, accepts, or agrees to accept any benefit from a person the public servant knows is interested in or likely to become interested in any matter before the public servant or tribunal.
(f) A member of the legislature, the governor, the lieutenant governor, or a person employed by a member of the legislature, the governor, the lieutenant governor, or an agency of the legislature commits an offense if he solicits, accepts, or agrees to accept any benefit from any person.
(g) A public servant who is a hearing examiner employed by an agency performing regulatory functions and who conducts hearings in contested cases commits an offense if the public servant solicits, accepts, or agrees to accept any benefit from any person who is appearing before the agency in a contested case, who is doing business with the agency, or who the public servant knows is interested in any matter before the public servant. The exception provided by Sec. 36.10(b) does not apply to a benefit under this subsection.
(h) An offense under this section is a Class A misdemeanor.
(i) A public servant who receives an unsolicited benefit that the public servant is prohibited from accepting under this section may donate the benefit to a governmental entity that has the authority to accept the gift or may donate the benefit to a recognized tax-exempt charitable organization formed for educational, religious, or scientific purposes.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1975, 64th Leg., p. 915, ch. 342, Sec. 11, eff. Sept. 1, 1975; Acts 1983, 68th Leg., p. 3238, ch. 558, Sec. 5, eff. Sept. 1, 1983; Acts 1991, 72nd Leg., ch. 304, Sec. 4.04, eff. Jan. 1, 1992; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.