Daniel Jason Spry v. The State of Texas--Appeal from 27th District Court of Bell County

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-04-00552-CR Daniel Jason Spry, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF BELL COUNTY, 27TH JUDICIAL DISTRICT NO. 49683, HONORABLE JOE CARROLL, JUDGE PRESIDING MEMORANDUM OPINION Appellant Daniel Jason Spry pleaded guilty to aggravated assault. See Tex. Pen. Code Ann. § 22.02 (West Supp. 2004-05). The court deferred adjudication and placed him on community supervision. Later, after appellant admitted the violations alleged in the State s motion to adjudicate, the court adjudged him guilty and sentenced him to ten years in prison and a $500 fine. 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). Appellant received a copy of counsel s brief and 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Jan P. Patterson, Justice Before Chief Justice Law, Justices Patterson and Puryear Affirmed Filed: March 10, 2005 Do Not Publish 2

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