Opinion
No. 05-19-00152-CR
04-13-2020
JESUS DIAZ, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 194th Criminal District Court Dallas County, Texas
Trial Court Cause No. F-1476863-M
MEMORANDUM OPINION
Before Justices Bridges, Whitehill, and Nowell
Opinion by Justice Nowell
Jesus Diaz entered an open plea of guilty to the offense of Sexual Assault of a Child alleged to have been committed on March 1, 2013. The trial court found appellant guilty and assessed punishment at 65 years' imprisonment.
On appeal, appellant's attorney filed a brief concluding that the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California,386 U.S. 738 (1967). See Murphy v. State, 111 S.W.3d 846, 749 (Tex. App.—Dallas 2003, no pet.). The brief presents a professional evaluation of the record showing why, in effect, there are no arguable grounds to advance. See High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. [Panel Op.] 1978).
Counsel delivered a copy of the brief to appellant, and by letter dated September 5, 2019, we advised appellant of his right to file a pro se response by October 11, 2019. We further advised appellant that failure to file a response by the date provided would result in the case being submitted on the Anders brief alone. Appellant did not file a response.
We have reviewed the record and counsel's brief. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005) (explaining appellate court's duty in Anders cases). We agree that the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal. Accordingly, we affirm the trial court's judgment.
/Erin A. Nowell/
ERIN A. NOWELL
JUSTICE 190152F.U05
JUDGMENT
On Appeal from the 194th Judicial District Court, Dallas County, Texas
Trial Court Cause No. F-1476863-M.
Opinion delivered by Justice Nowell. Justices Bridges and Whitehill participating.
Based on the Court's opinion of this date, the judgment of the trial court is AFFIRMED. Judgment entered this 13th day of April, 2020.