Elias Etibar Gassoumov v. The State of Texas--Appeal from County Court at Law No 1 of Potter County
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NO. 07-05-0085-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL A AUGUST 24, 2005 ______________________________ ELIAS GASSOUMOV, APPELLANT V. THE STATE OF TEXAS, APPELLEE _________________________________ FROM THE COUNTY COURT AT LAW NO. 1 OF POTTER COUNTY; NO. 108,704; HONORABLE W. F. CORKY ROBERTS, JUDGE _______________________________ Before REAVIS and CAMPBELL and HANCOCK, JJ. MEMORANDUM OPINION Appellant Elias Gassoumov appeals from a conviction for the offense of resisting arrest with punishment assessed at confinement for one year and a fine of $4,000.00. We affirm. Appellant was charged by an information with the offense of resisting arrest. Appellant was found guilty of the offense by a jury. Punishment was tried to the court and a sentence of confinement for one year and a fine of $4,000.00 was assessed. Notice of appeal was given and the trial court certified as to appellant s right to appeal. Counsel was appointed to represent appellant during the appeal. Appellant s appointed counsel has filed a Motion to Withdraw and a Brief in support thereof. In support of the motion, counsel has certified that, in compliance with Anders v. California, 386 U.S. 738, 744-45, 87 S.Ct. 1396, 18 L.Ed. 2d 493 (1967), the record has been diligently reviewed. Counsel has concluded the record reflects no reversible error or grounds upon which a non-frivolous appeal can arguably be predicated. Counsel thus concludes that the appeal is frivolous. Counsel has attached exhibits showing that a copy of the Anders brief and Motion to Withdraw have been forwarded to appellant, and that counsel has appropriately advised appellant of his right to review the record and file a response to counsel s motion and brief. Appellant has not filed a response. We have made an independent examination of the record to determine whether there are any arguable grounds meriting appeal. See Penson v. Ohio, 488 U.S. 75, 82-83, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988); Stafford v. State, 813 S.W.2d 503, 511 (Tex.Crim.App. 1991). We have found no such grounds. We agree that the appeal is frivolous. Accordingly, counsel s Motion to Withdraw is granted. The judgment of the trial court is affirmed. Mackey K. Hancock Justice 2
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