Opinion
Nos. 03-04-00286-CR, 03-04-00287-CR
Filed: February 3, 2005. DO NOT PUBLISH.
Appeal from the District Court of Hays County, 22nd Judicial District, Nos. CR-03-793 CR-03-794, Honorable Don Morgan, Judge Presiding. Affirmed.
Before Chief Justice LAW, Justices B.A. SMITH and PEMBERTON.
MEMORANDUM OPINION
A jury convicted appellant Juan Antonio Perez for assaulting a public servant (two counts) and possessing more than fifty pounds of marihuana. See Tex. Pen. Code Ann. § 22.01 (West Supp. 2004-05); Tex. Health Safety Code Ann. § 481.121 (West 2003). The district court assessed punishment for each offense, enhanced by a previous felony conviction, at imprisonment for fifteen years and a $10,000 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 was given a copy of counsel's brief and 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 judgments of conviction are affirmed.