Opinion
No. 14-06-00160-CR
Opinion filed November 16, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
On Appeal from the 262nd District Court, Harris County, Texas, Trial Court Cause No. 9404104. Affirmed.
Panel consists of Chief Justice HEDGES and Justices YATES and SEYMORE.
MEMORANDUM OPINION
Appellant was convicted by a jury of capital murder, and the trial court sentenced appellant to life imprisonment. Appellant's conviction was affirmed on direct appeal. See Butler v. State, 981 S.W.2d 849, 850 (Tex.App.CHouston [1st Dist.] 1998, pet. ref'd). On May 17, 2005, appellant filed a motion for DNA testing pursuant to Chapter 64 of the Texas Code of Criminal Procedure. After a hearing, on February 16, 2006, the trial court denied the motion by a written order containing the court's findings of fact and conclusions of law. Appellant filed a timely notice of appeal. Appellant's appointed counsel filed a brief in which he concludes the appeal is wholly frivolous and without merit. The brief meets the requirement of Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967), presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See High v. State, 573 S.W.2d 807 (Tex.Crim.App. 1978). A copy of counsel's brief was delivered to appellant. Appellant was advised of the right to examine the appellate record and file a pro se response. See Stafford v. State, 813 S.W.2d 503, 510 (Tex.Crim.App. 1991). At appellant's request, the record was provided to him. On October 17, 2006, appellant filed a pro se response to counsel's brief. We have carefully reviewed the record, counsel's brief, and the pro se response and agree the appeal is wholly frivolous and without merit. Further, we find no reversible error in the record. We are not to address the merits of each claim raised in an Anders brief or a pro se response when we have determined there are no arguable grounds for review. See Bledsoe v. State, 178 S.W.3d 824, 827-28 (Tex.Crim.App. 2005). Accordingly, the judgment of the trial court is affirmed.