Court of Civil Appeals of Texas, 2007

Edward Rainey v. State

Edward Rainey v. State
Court of Civil Appeals of Texas · Decided August 15, 2007

Edward Rainey v. State

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN






NO. 03-07-00093-CR






Edward Rainey, Appellant



v.



The State of Texas, Appellee






FROM THE COUNTY COURT AT LAW NO. 4 OF TRAVIS COUNTY

NO. 710562, HONORABLE MIKE DENTON, JUDGE PRESIDING


M E M O R A N D U M O P I N I O N


Following a bench trial, appellant Edward Rainey was adjudged guilty of assault with family violence. See Tex. Penal Code Ann. § 22.01 (West Supp. 2006). The court assessed punishment at incarceration for one year and a $2,000 fine, but the court suspended imposition of sentence and placed appellant on community supervision.

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. Counsel's motion to withdraw is granted.

The judgment of conviction is affirmed.







__________________________________________



David Puryear, Justice

Before Justices Patterson, Puryear and Pemberton

Affirmed

Filed: August 15, 2007

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