David Jacob Garcia v. State ( 2006 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-05-00752-CR

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David Jacob Garcia, Appellant

v.

The State of Texas, Appellee

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FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 277TH JUDICIAL DISTRICT NO. 05-1075-K277, HONORABLE KEN ANDERSON, JUDGE PRESIDING

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M E M O R A N D U M O P I N I O N

A jury found appellant David Jacob Garcia guilty of aggravated assault (count one), unlawful possession of a firearm (count two), and tampering with physical evidence (counts three, four, and five). See Tex. Pen. Code Ann. §§ 22.02, 46.04 (West Supp. 2006), § 37.09 (West 2003). After finding that appellant had a previous felony conviction, the jury assessed a prison term of sixty years for the assault, ten years for the firearm possession, and twenty years for each of the tempering counts.

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 received a copy of counsel's brief and 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 judgments of conviction are affirmed.

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David Puryear, Justice

Before Chief Justice Law, Justices Patterson and Puryear

Affirmed

Filed: December 21, 2006

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