Johnnie Houston v. The State of Texas--Appeal from County Court at Law No. 1 of Travis County

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,
AT AUSTIN
NO. 3-90-257-CR
JOHNNIE HOUSTON,

APPELLANT

 
vs.
THE STATE OF TEXAS,

APPELLEE

 
FROM THE COUNTY COURT AT LAW NO. 1 OF TRAVIS COUNTY,
NO. 327-425, HONORABLE STEVE RUSSELL, JUDGE

PER CURIAM

A jury found appellant guilty of assault. Tex. Penal Code Ann. 22.01 (1989 & Supp. 1991). The court assessed punishment at incarceration for one year and a $1000 fine, but imposition of sentence was suspended and appellant was placed on probation.

Although he is retained, appellant's 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 her 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 B. A. Smith]

Affirmed

Filed: October 23, 1991

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