Curtis Nicholas Marcano v. State ( 1991 )

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,

AT AUSTIN





NO. 3-91-060-CR

AND

NO. 3-91-061-CR



CURTIS NICHOLAS MARCANO,

APPELLANT

vs.





THE STATE OF TEXAS,

APPELLEE

FROM THE COUNTY COURT AT LAW NO. 2 OF BELL COUNTY,

NOS. 2C90-91,815 & 2C90-91,936, HONORABLE JOHN BARINA, JUDGE

PER CURIAM

In our cause number 3-91-060-CR, a jury found appellant guilty of unlawfully carrying a weapon. Tex. Pen. Code Ann. § 46.02 (1989). The court assessed punishment at incarceration for one year and a $200 fine, probated. In our cause number 3-91-061-CR, the jury found appellant guilty of terroristic threat. Tex. Pen. Code Ann. § 22.07 (1989). The court assessed punishment at incarceration for thirty days.

Appellant's court-appointed attorney has filed a brief in which he has concluded that the appeals are frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967), by advancing contentions which counsel says might arguably support the appeals. See also Penson v. Ohio, ___ U.S. ___, 102 L. Ed. 2d 300 (1988); Gainous v. State, 436 S.W.2d 137 (Tex. Cr. App. 1969); Jackson v. State, 485 S.W.2d 553 (Tex. Cr. App. 1972); Currie v. State, 516 S.W.2d 684 (Tex. Cr. App. 1974); High v. State, 573 S.W.2d 807 (Tex. Cr. App. 1978). A copy of counsel's brief was delivered to appellant, and appellant 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 carefully reviewed the record and counsel's brief and agree that the appeals are frivolous and without merit. A discussion of the contentions advanced in counsel's brief would serve no beneficial purpose.

The judgments of conviction are affirmed.

[Before Chief Justice Carroll, Justices Jones and B. A. Smith]

Affirmed

Filed:  July 24, 1991

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