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Fagins v. State

Court of Appeals of Texas, Third District, Austin
Oct 28, 2004
No. 03-04-00219-CR (Tex. App. Oct. 28, 2004)

Opinion

No. 03-04-00219-CR

Filed: October 28, 2004. DO NOT PUBLISH.

Appeal from the District Court of Travis County, 403rd Judicial District, No. 2034623, Honorable Brenda Kennedy, Judge Presiding. Affirmed.

Before Chief Justice LAW, Justices KIDD and PURYEAR.


MEMORANDUM OPINION


At a bench trial, appellant Louis Fagins was convicted of assaulting a public servant and sentenced to three years in prison. See Tex. Pen. Code Ann. § 22.01(a)(1), (b)(1) (West Supp. 2004-05). His 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, who 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.


Summaries of

Fagins v. State

Court of Appeals of Texas, Third District, Austin
Oct 28, 2004
No. 03-04-00219-CR (Tex. App. Oct. 28, 2004)
Case details for

Fagins v. State

Case Details

Full title:LOUIS FAGINS, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Third District, Austin

Date published: Oct 28, 2004

Citations

No. 03-04-00219-CR (Tex. App. Oct. 28, 2004)