Thomas Mark Davis v. State
Thomas Mark Davis v. State
Opinion
A jury found appellant guilty of two counts of aggravated sexual assault and assessed punishment for both at imprisonment for thirty-five years. Tex. Penal Code Ann. § 22.021 (West 1994 & Supp. 1997).
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, but appellant wrote this Court a letter which we have reviewed as if it were a brief. Appellant contends the police fabricated evidence against him and that his trial counsel was ineffective. Neither contention is supported by the record before us.
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, Aboussie and B. A. Smith
Affirmed
Filed: October 16, 1997
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