David Trevino Lopez v. State

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,

AT AUSTIN





NO. 3-93-179-CR

AND

NO. 3-93-180-CR



DAVID TREVINO LOPEZ,

APPELLANT



vs.





THE STATE OF TEXAS,

APPELLEE





FROM THE COUNTY COURT AT LAW NO. 2 OF BELL COUNTY

NOS. 2C92-3068 & 2C92-3287, HONORABLE JOHN BARINA, JUDGE PRESIDING







PER CURIAM

After accepting appellant's pleas of guilty and hearing his judicial confessions, the county court at law found him guilty of driving while intoxicated and driving with a suspended license. Tex. Rev. Civ. Stat. Ann. art. 6701l-1 (West Supp. 1993); Tex. Rev. Civ. Stat. Ann. art. 6687b, § 34 (West Supp. 1993). The court assessed punishment at incarceration for 365 days and a $100 fine in the former cause, and at incarceration for 30 days and a $100 fine in the latter.

Appellant's court-appointed attorney filed a brief in which he concludes that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967), by advancing contentions which counsel says might arguably support the appeal. See also Penson v. Ohio, 488 U.S. 75 (1988); Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969); Jackson v. State, 485 S.W.2d 553 (Tex. Crim. App. 1972); Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). In his brief, counsel certifies that all mail addressed to appellant's last known address has been returned, appellant no longer works at his last known place of employment, and all efforts to contact appellant have been unsuccessful.

We have carefully reviewed the record and counsel's brief and agree that the appeal is frivolous and without merit. A discussion of the contentions advanced in counsel's brief would serve no beneficial purpose.

The judgments of conviction are affirmed.



Before Justices Powers, Jones and Kidd

Affirmed on Both Causes

Filed: December 8, 1993

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