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

MEMORANDUM OPINION

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David Puryear, Justice Before Justices Patterson, Puryear and Pemberton Affirmed Filed: August 15, 2007 Do Not Publish