Alfredo Cruz Paz v. State ( 1995 )


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  • TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN





    NO. 03-94-00327-CR





    Alfredo Cruz Paz, Appellant



    v.



    The State of Texas, Appellee





    FROM THE DISTRICT COURT OF TOM GREEN COUNTY, 51ST JUDICIAL DISTRICT

    NO. CR90-0291-A, HONORABLE JOHN E. SUTTON, JUDGE PRESIDING





    PER CURIAM



    In July 1990, appellant pleaded guilty to the aggravated sexual assault of a child. The district court found that the evidence substantiated appellant's guilt but deferred further proceedings and placed appellant on probation. In May 1994, the district court revoked appellant's probation on the State's motion, adjudged him guilty, and assessed punishment at imprisonment for twenty-nine years.

    Appellant's court-appointed attorney filed a brief in which he concludes that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967), by advancing contentions which counsel says might arguably support the appeal. See also Penson v. Ohio, 488 U.S. 75 (1988); Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969); Jackson v. State, 485 S.W.2d 553 (Tex. Crim. App. 1972); Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). A copy of counsel's brief was delivered to appellant, and appellant 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. A discussion of the contentions advanced in counsel's brief would serve no beneficial purpose.

    The judgment of conviction is affirmed.



    Before Justices Powers, Kidd and B. A. Smith

    Affirmed

    Filed: June 21, 1995

    Do Not Publish