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Fontenot v. State

Court of Appeals of Texas, Third District, Austin
Sep 23, 2004
No. 03-04-00060-CR (Tex. App. Sep. 23, 2004)

Opinion

No. 03-04-00060-CR

Filed: September 23, 2004. DO NOT PUBLISH.

Appeal from the District Court of Llano County, 33rd Judicial District, No. 5378, Honorable Guilford L. Jones, III, Judge Presiding. Affirmed.

Before Justices KIDD, PATTERSON and PURYEAR.


MEMORANDUM OPINION


A jury found appellant Michael John Fontenot guilty of aggravated assault. See Tex. Pen. Code Ann. § 22.02 (West Supp. 2005). The district court assessed a fifteen-year prison sentence. 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). A copy of counsel's brief was delivered to appellant, and he 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.


Summaries of

Fontenot v. State

Court of Appeals of Texas, Third District, Austin
Sep 23, 2004
No. 03-04-00060-CR (Tex. App. Sep. 23, 2004)
Case details for

Fontenot v. State

Case Details

Full title:MICHAEL JOHN FONTENOT, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Sep 23, 2004

Citations

No. 03-04-00060-CR (Tex. App. Sep. 23, 2004)