Anthony Ray Wallace v. The State of Texas--Appeal from 123rd District Court of Shelby County

NO. 12-02-00001-CR
IN THE COURT OF APPEALS
TWELFTH COURT OF APPEALS DISTRICT
TYLER, TEXAS

ANTHONY RAY WALLACE,

 
APPEAL FROM THE 123RD

APPELLANT

 

V.

 
JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE

 
SHELBY COUNTY, TEXASMEMORANDUM OPINION (1)

Appellant Anthony Ray Wallace pleaded "not guilty" to the offense of assault. A jury convicted Appellant, and the trial court assessed his punishment at seventy-five days in the county jail.

Appellant's counsel has filed an Anders brief stating that the appeal is wholly frivolous and without merit. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967). Counsel's brief contains a professional evaluation of the record demonstrating why, under the controlling authorities, there is no error in the court's judgment. See High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. [Panel Op.] 1978). Counsel served a copy of his brief on Appellant, and though Appellant was advised of his right to file a pro se brief by counsel and by this court, he has not done so.

We have conducted an independent review of the record in this case. We find nothing in the record that might arguably support the appeal. We agree with counsel that the appeal is wholly frivolous and without merit. Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974).

We affirm the trial court's judgment and grant counsel's motion to withdraw.

 

Opinion delivered November 20, 2002.

Panel consisted of Gohmert, Jr., C.J., Worthen, J., and Griffith, J.

 
(DO NOT PUBLISH)

1. See Tex. R. App. P. 47.1.