Marcelino Martinez v. The State of Texas--Appeal from 20th District Court of Milam County

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-01-00386-CR Marcelino Martinez, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF MILAM COUNTY, 20TH JUDICIAL DISTRICT NO. 20,272-CR, HONORABLE EDWARD P. MAGRE, JUDGE PRESIDING A jury found appellant Marcelino Martinez guilty of aggravated sexual assault of a child and assessed punishment at imprisonment for eighteen years. See Tex. Pen. Code Ann. § 22.021 (West Supp. 2002). Appellant s retained attorney filed a brief concluding that the appeal is frivolous and without merit. See Anders v. California, 386 U.S. 738 (1967). The brief presents a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See 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. We have reviewed the record and counsel s brief and agree that the appeal is frivolous and without merit. Counsel s motion to withdraw is granted. The judgment of conviction is affirmed. __________________________________________ David Puryear, Justice Before Justices Kidd, Patterson and Puryear Affirmed Filed: April 18, 2002 Do Not Publish 2

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