Court of Civil Appeals of Texas, 2002

in Re Joe Manuel Bassa

in Re Joe Manuel Bassa
Court of Civil Appeals of Texas · Decided October 10, 2002

in Re Joe Manuel Bassa

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-02-00243-CR

In re Joe Manuel Bassa

FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT NO. 46,704, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING

Joe Manuel Bassa appeals from an order denying post-conviction DNA testing. See Tex. Code Crim. Proc. Ann. arts. 64.01-.05 (West Supp. 2002). 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. Counsel=s motion to withdraw is granted.

The district court=s order is affirmed.

David Puryear, Justice Before Chief Justice Aboussie, Justices Patterson and Puryear Affirmed Filed: October 10, 2002 Do Not Publish

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