Opinion

Michael Brown v. State

Court
Texas Court of Appeals, 3rd District (Austin)
Filed
May 31, 2001
Status
Published
Cited by
0 cases
Authority
More cited than 35.9%

The opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-00-00791-CR

Michael Brown, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 390TH JUDICIAL DISTRICT

NO. 004085, HONORABLE FRED A. MOORE, JUDGE PRESIDING

A jury found appellant guilty of felony driving while intoxicated. See Tex. Penal

Code Ann. § 49.04 (a), .09(b) (West Supp. 2001). The jury assessed punishment, enhanced by a

previous conviction for aggravated assault, at imprisonment for sixteen 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 advancing contentions which counsel says might arguably support the appeal, together

with a professional evaluation demonstrating why these grounds are without merit. 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.

The judgment of conviction is affirmed.

Mack Kidd, Justice

Before Justices Kidd, B. A. Smith and Puryear

Affirmed

Filed: May 31, 2001

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