Peter Louis Torres v. State

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-00-00728-CR

Joe Ovalle, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF HAYS COUNTY, 22ND JUDICIAL DISTRICT NO. CR-96-0185, HONORABLE DON B. MORGAN, JUDGE PRESIDING

Appellant Joe Ovalle was convicted following his plea of guilty to aggravated assault.

See Tex. PenAL Code Ann. § 22.02 (West 1994). Punishment was assessed at imprisonment for ten years and a $1500 fine, but imposition of sentence was suspended and Ovalle was placed on community supervision. Ovalle appeals from an order revoking supervision and imposing sentence.

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). 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 order revoking community supervision is affirmed.

David Puryear, Justice

Before Justices Kidd, B. A. Smith and Puryear Affirmed Filed: May 31, 2001 Do Not Publish