BILLY WAYNE EZERNACK,

APPELLANT

V.

THE STATE OF TEXAS,

APPELLEE

Appellant Billy Wayne Ezernack pleaded "not guilty" to the offense of aggravated assault with a deadly weapon by threat. A jury convicted Appellant, assessed his punishment at five years of imprisonment, and, having found that Appellant had never before been convicted of a felony, recommended that Appellant be placed on probation. The trial court probated Appellant's sentence for five years.

Appellant's counsel has filed an Anders brief stating that the appeal is wholly frivolous and without merit. See Anders v. California, 386 U.S. 738, 87 S. Ct.1396, 18 L. Ed. 2d 493 (1967). Counsel's brief contains a professional evaluation of the record demonstrating why, under the controlling authorities, there is no error in the court's judgment. See High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. [Panel Op.] 1978). Counsel served a copy of his brief on Appellant, and though Appellant was advised of his right to file a pro se brief by counsel and by this court, he has not done so.

We have conducted an independent review of the record in this case. We find nothing in the record that might arguably support the appeal. We agree with counsel that the appeal is wholly frivolous and without merit. Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974).

We affirm the trial court's judgment and grant counsel's motion to withdraw.

Opinion delivered November 26, 2002.

Panel consisted of Gohmert, Jr., C.J., Worthen, J., and Griffith, J.