Henry Johns v. State

Court of Appeals of Texas·Decided June 7, 1995·No. 03-94-00342-CR·Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN



NO. 03-94-00342-CR



Henry Johns, Appellant



v.



The State of Texas, Appellee



FROM THE DISTRICT COURT OF TRAVIS COUNTY, 147TH JUDICIAL DISTRICT

NO. 0941910, HONORABLE MACE B. THURMAN, JUDGE PRESIDING



PER CURIAM



The district court found appellant guilty of possessing less than twenty-eight grams of cocaine and assessed punishment at imprisonment for eight years. Controlled Substances Act, 71st Leg., R.S., ch. 678, sec. 1, § 481.115, 1989 Tex. Gen. Laws 2230, 2936 (Tex. Health & Safety Code Ann. § 481.115, since amended).

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 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); 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. Further, we find nothing in the record that might arguably support the appeal.

The judgment of conviction is affirmed.



Before Justices Powers, Kidd and B. A. Smith

Affirmed

Filed: June 7, 1995

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Related

Anders v. California
386 U.S. 738 (Supreme Court, 1967)
Penson v. Ohio
488 U.S. 75 (Supreme Court, 1988)
High v. State
573 S.W.2d 807 (Court of Criminal Appeals of Texas, 1978)
Jackson v. State
485 S.W.2d 553 (Court of Criminal Appeals of Texas, 1972)
Gainous v. State
436 S.W.2d 137 (Court of Criminal Appeals of Texas, 1969)
Currie v. State
516 S.W.2d 684 (Court of Criminal Appeals of Texas, 1974)