IN THE

TENTH COURT OF APPEALS

No. 10-93-218-CR

     JOHN CHARLES APPLEWHITE,

                                                                                              Appellant

     v.

     THE STATE OF TEXAS,

                                                                                              Appellee

From the County Criminal Court at Law No. 5

Harris County, Texas

Trial Court # 9216036

O P I N I O N

      John Charles Applewhite's appointed attorney filed an Anders brief. See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). We granted the attorney's motion to withdraw in a per curiam order, finding that the appeal was without merit. See Johnson v. State, No. 10-94-035-CR (Tex. App.—Waco, October 19, 1994) (not yet reported). Applewhite has not filed a pro-se brief or any requests for extensions. Thus, because we have no viable points of error to consider, the judgment is affirmed. See Tex. R. App. P. 81(b)(2), 90(a).

                                                                                 PER CURIAM

Before Chief Justice Thomas,

          Justice Cummings, and

          Justice Vance

Affirmed

Opinion delivered and filed October 19, 1994.

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