Michael Brown v. State ( 2001 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-00-00791-CR
Michael Brown, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 390TH JUDICIAL DISTRICT
NO. 004085, HONORABLE FRED A. MOORE, JUDGE PRESIDING
A jury found appellant guilty of felony driving while intoxicated. See Tex. Penal Code
Ann. § 49.04(a), .09(b) (West Supp. 2001). The jury assessed punishment, enhanced by a previous
conviction for aggravated assault, at imprisonment for sixteen years.
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 advancing contentions which counsel says might arguably support the appeal, together
with a professional evaluation demonstrating why these grounds are without merit. 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 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. We find nothing in the record that might arguably support the appeal.
The judgment of conviction is affirmed.
Mack Kidd, Justice
Before Justices Kidd, B. A. Smith and Puryear
Affirmed
Filed: May 31, 2001
Do Not Publish
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