Michael Anthony Collins v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-00-00263-CR Michael Anthony Collins, Appellant v. The State of Texas, Appellee FROM THE COUNTY COURT AT LAW NO. 4 OF TRAVIS COUNTY NO. 515494, HONORABLE MIKE DENTON, JUDGE PRESIDING The county court at law found appellant Michael Anthony Collins guilty of assault. See Tex. Penal Code Ann. § 22.01 (West Supp. 2000). The court assessed punishment at incarceration for ninety days and a $1000 fine, but suspended imposition of sentence and placed appellant on community supervision. Appellant is not indigent and is represented by retained counsel. The appeal is before us without a reporter’s record because appellant made no arrangement to pay the court reporter. See Tex. R. App. P. 35.3(b), 37.3(c). Counsel has filed a brief concluding that the appeal is frivolous and without merit. See Anders v. California, 386 U.S. 738 (1967); 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). Counsel brings forward one arguable point of error, urging that appellant did not receive reasonably effective assistance of counsel at trial. Without a reporter’s record, this point presents nothing for review. We have reviewed the record and counsel’s brief and agree that the appeal is frivolous and without merit. The judgment of conviction is affirmed. Mack Kidd, Justice Before Justices Jones, Kidd and Yeakel Affirmed Filed: September 21, 2000 Do Not Publish 2