Court of Civil Appeals of Texas, 1995

Andre Burns v. State

Andre Burns v. State
Court of Civil Appeals of Texas · Decided March 15, 1995

Andre Burns v. State

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN





NO. 03-94-00105-CR





Andre Burns, Appellant



v.



The State of Texas, Appellee





FROM THE DISTRICT COURT OF TRAVIS COUNTY, 167TH JUDICIAL DISTRICT

NO. 0935740, HONORABLE MIKE LYNCH, JUDGE PRESIDING





PER CURIAM



A jury found appellant guilty of burglary of a habitation and assessed punishment at imprisonment for sixty-five years. Penal Code, 63d Leg., R.S., ch. 399, sec. 1, § 30.02, 1973 Tex. Gen. Laws 883, 926 (Tex. Penal Code Ann. § 30.02, 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. Although the time for filing a pro se brief was extended at appellant's request, the time for filing has expired and appellant has neither tendered a pro se brief nor requested a further extension of time.

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: March 15, 1995

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