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Carvajal v. State

Court of Appeals of Texas, Third District, Austin
Oct 14, 2010
No. 03-10-00306-CR (Tex. App. Oct. 14, 2010)

Opinion

No. 03-10-00306-CR

Filed: October 14, 2010. DO NOT PUBLISH.

Appealed from the District Court of Travis County, 331st Judicial District No. 1011076, Honorable Bob Perkins, Judge Presiding. Affirmed.

Before Chief Justice JONES, Justices PURYEAR and PEMBERTON.


MEMORANDUM OPINION


In 2002, a jury found appellant Jesus Carvajal guilty of indecency with a child by contact and assessed punishment at ten years' imprisonment. On the jury's recommendation, the trial court suspended imposition of sentence and placed appellant on community supervision. This is an appeal from a 2010 order revoking supervision and imposing sentence. Appellant's court-appointed attorney has filed a motion to withdraw supported by a brief concluding that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738, 744 (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. See Anders, 386 U.S. at 744. No pro se brief has been filed. We have reviewed the record and find no reversible error. See Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009); Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). We agree with counsel that the appeal is frivolous. Counsel's motion to withdraw is granted. The order revoking community supervision is affirmed.

The conviction was affirmed on appeal. Carvajal v. State, 03-02-00752-CR (Tex. App.-Austin Oct. 14, 2004, no pet.) (not designated for publication).


Summaries of

Carvajal v. State

Court of Appeals of Texas, Third District, Austin
Oct 14, 2010
No. 03-10-00306-CR (Tex. App. Oct. 14, 2010)
Case details for

Carvajal v. State

Case Details

Full title:Jesus Carvajal, Appellant v. The State of Texas, Appellee

Court:Court of Appeals of Texas, Third District, Austin

Date published: Oct 14, 2010

Citations

No. 03-10-00306-CR (Tex. App. Oct. 14, 2010)