ZUNIGA v. STATE, 03-04-00490-CR (Tex.App.-Austin [3rd Dist.] 2005)


BOYD ZUNIGA, Appellant v. THE STATE OF TEXAS, Appellee.

No. 03-04-00490-CRCourt of Appeals of Texas, Third District, Austin.
Filed: June 23, 2005. DO NOT PUBLISH.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Appeal from the District Court of Travis County, 299th Judicial District, No. 3030719, Honorable Fred A. Moore, Judge Presiding.

Affirmed.

Before Chief Justice LAW, Justices PATTERSON and PURYEAR.

MEMORANDUM OPINION
JAN P. PATTERSON, Justice.

A jury found appellant Boyd Zuniga guilty of indecency with a child by contact. See Tex. Pen. Code Ann. § 21.11 (West 2003). The jury assessed punishment at eight years’ imprisonment.

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.