Opinion
No. 08-08-00090-CR
August 19, 2009. DO NOT PUBLISH.
Appeal from the 109th District Court of Andrews County, Texas (TC# 5068).
Before CHEW, C.J., McCLURE, and RIVERA, JJ.
MEMORANDUM OPINION
Justin Dale Eubank appeals his conviction for aggravated assault causing bodily injury with a deadly weapon against a public servant. Appellant was sentenced to 25 years imprisonment in the Texas Department of Criminal Justice Institutional Division. Appellant's court-appointed counsel has filed a brief in which counsel has concluded that the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493, reh. denied, 388 U.S. 924, 87 S.Ct. 2094, 18 L.Ed.2d 1377 (1967), by presenting a professional evaluation of the record demonstrating why, in effect there are no arguable grounds to be advanced. See 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 has been delivered to Appellant, and Appellant has not exercised his right to file a pro se brief. We have carefully reviewed the record and counsel's brief, and agree that the appeal is wholly frivolous and without merit. Further, we find nothing in the record that might arguably support the appeal. The judgment is affirmed. We affirm the judgment of the trial court.