Johnny Ray Rupert v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN






NO. 03-99-00134-CR


Johnny Ray Rupert, Appellant

v.



The State of Texas, Appellee






FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT

NO. 44,728, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING


PER CURIAM

Appellant Johnny Ray Rupert pleaded guilty to aggravated assault of a peace officer. See Tex. Penal Code Ann. § 22.02 (West 1994). The district court found that the evidence substantiated appellant's guilt, but deferred further proceedings and placed him on community supervision. Appellant later pleaded true to nine violations of his supervisory conditions. The court revoked supervision, adjudged him guilty, and assessed punishment at imprisonment for twenty years.

Appellant's court-appointed attorney filed a brief concluding 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); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978); Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974); Jackson v. State, 485 S.W.2d 553 (Tex. Crim. App. 1972); Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969). 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 was filed.

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

The judgment of conviction is affirmed.



Before Justices Jones, B. A. Smith and Yeakel

Affirmed

Filed: May 27, 1999

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