Lawrence Fernandez v. The State of Texas--Appeal from 299th District Court of Travis County

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-96-00340-CR
Lawrence Fernandez, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 299TH JUDICIAL DISTRICT
NO. 0960076, HONORABLE JON N. WISSER, JUDGE PRESIDING

PER CURIAM

 

The district court found appellant guilty of assault on a peace officer and assessed punishment at imprisonment for two years. Tex. Penal Code Ann. 22.01 (West 1994 & Supp. 1996). Appellant's court-appointed 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 advancing a contention that counsel says might arguably support the appeal. 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 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. The evidence is sufficient to prove appellant's guilt, contrary to the contention advanced in the arguable point of error.

The judgment erroneously recites that appellant was convicted of aggravated assault on a peace officer, a second degree felony. The judgment is reformed to reflect a conviction for assault on a peace officer, a third degree felony.

As reformed, the judgment of conviction is affirmed.

 

Before Chief Justice Carroll, Justices Kidd and B. A. Smith

Reformed and Affirmed

Filed: September 11, 1996

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