Augustin Cantu III v. The State of Texas--Appeal from Crim Dist Ct 3 of Tarrant County

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-02-00038-CR Augustin Cantu III, Appellant v. The State of Texas, Appellee FROM THE CRIMINAL DISTRICT COURT NO. 3 OF TARRANT COUNTY NO. 0785145D, HONORABLE DON LEONARD, JUDGE PRESIDING Appellant Augustin Cantu III pleaded guilty to sexually assaulting a child. See Tex. Pen. Code Ann. ' 22.011 (West Supp. 2002). The court adjudged him guilty and assessed punishment at imprisonment for seven years. 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 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); 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. We find nothing in the record that might arguably support the appeal. Counsel=s motion to withdraw is granted. The judgment of conviction is affirmed. __________________________________________ Jan P. Patterson, Justice Before Justices Kidd, Patterson and Puryear Affirmed Filed: August 30, 2002 Do Not Publish 2

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