Ignacio Benitez v. The State of Texas--Appeal from 147th District Court of Travis County

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-97-00578-CR
Ignacio Benitez, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 147TH JUDICIAL DISTRICT
NO. 0973159, HONORABLE WILFORD FLOWERS, JUDGE PRESIDING
PER CURIAM

A jury found appellant guilty of aggravated assault and burglary of a habitation. Tex. Penal Code Ann. 22.02(a)(2), 30.02(a)(1) (West 1994). The jury assessed punishment at imprisonment for eighteen years and a $1000 fine.

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 advancing a contention which counsel says might arguably support the appeal. 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 has been filed.

We have reviewed the record and counsel's brief and agree that the appeal is frivolous and without merit. A discussion of the contention advanced in counsel's brief would serve no beneficial purpose.

The judgment of conviction is affirmed.

 

Before Justices Aboussie, Jones and Kidd

Affirmed

Filed: April 24, 1998

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