John Winn v. State

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,


AT AUSTIN










NO. 3-93-079-CR






JOHN WINN,


APPELLANT



vs.






THE STATE OF TEXAS,


APPELLEE





FROM THE COUNTY COURT AT LAW NO. 5 OF TRAVIS COUNTY


NO. 370-232, HONORABLE WILFRED AGUILAR, JUDGE PRESIDING







PER CURIAM

The county court at law found appellant guilty of assault and assessed punishment at a fine of $200. Tex. Penal Code Ann. § 22.01 (West 1989 & Supp. 1993).

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 presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. 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). A copy of counsel's brief was delivered to appellant, and appellant was advised of his right to examine the appellate record and to file a pro se brief. No pro se brief has been filed.

We have carefully reviewed the record and counsel's brief and agree that the appeal is frivolous and without merit. Further, we find nothing in the record that might arguably support the appeal.

The judgment of conviction is affirmed.



Before Justices Powers, Jones and Kidd

Affirmed

Filed: October 27, 1993

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