TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-05-00308-CR

Terry James Anderson, Appellant v. The State of Texas, Appellee

FROM THE COUNTY COURT AT LAW NO. 3 OF WILLIAMSON COUNTY NO. 04-3721-3, HONORABLE DONALD HIGGINBOTHAM, JUDGE PRESIDING

MEMORANDUM OPINION

A jury found appellant Terry James Anderson guilty of driving while intoxicated. See Tex. Pen. Code Ann. § 49.04 (West 2003). The court assessed at 100-day jail term.

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). Appellant received a copy of counsel’s brief and 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.

The judgment of conviction is affirmed.

__________________________________________ G. Alan Waldrop, Justice Before Chief Justice Law, Justices Puryear and Waldrop Affirmed Filed: August 31, 2006 Do Not Publish