Marcelino Martinez v. State ( 2002 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-01-00386-CR
Marcelino Martinez, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF MILAM COUNTY, 20TH JUDICIAL DISTRICT
NO. 20,272-CR, HONORABLE EDWARD P. MAGRE, JUDGE PRESIDING
A jury found appellant Marcelino Martinez guilty of aggravated sexual assault of a
child and assessed punishment at imprisonment for eighteen years. See Tex. Pen. Code Ann. § 22.021
(West Supp. 2002). Appellant’s retained attorney filed a brief concluding that the appeal is frivolous
and without merit. See Anders v. California, 386 U.S. 738 (1967). The brief presents a professional
evaluation of the record demonstrating why there are no arguable grounds to be advanced. See
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.
We have reviewed the record and counsel’s brief and agree that the appeal is frivolous
and without merit. Counsel’s motion to withdraw is granted.
The judgment of conviction is affirmed.
__________________________________________
David Puryear, Justice
Before Justices Kidd, Patterson and Puryear
Affirmed
Filed: April 18, 2002
Do Not Publish
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