Thomas Mark Davis v. The State of Texas--Appeal from 277th District Court of Williamson County

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-97-00089-CR
Thomas Mark Davis, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 277TH JUDICIAL
DISTRICTNO. 96-079-K277, HONORABLE JOHN R. CARTER, JUDGE PRESIDING
PER CURIAM

A jury found appellant guilty of two counts of aggravated sexual assault and assessed punishment for both at imprisonment for thirty-five years. Tex. Penal Code Ann. 22.021 (West 1994 & Supp. 1997).

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, but appellant wrote this Court a letter which we have reviewed as if it were a brief. Appellant contends the police fabricated evidence against him and that his trial counsel was ineffective. Neither contention is supported by the record before us.

We have reviewed the record and counsel's brief and agree that the appeal is frivolous and without merit. Further, we find nothing in the record that might arguably support the appeal.

The judgment of conviction is affirmed.

 

Before Justices Powers, Aboussie and B. A. Smith

Affirmed

Filed: October 16, 1997

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