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Flores v. State

Court of Appeals of Texas, First District, Houston
Sep 25, 2008
No. 01-07-00625-CR (Tex. App. Sep. 25, 2008)

Opinion

No. 01-07-00625-CR

Opinion issued September 25, 2008. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).

On Appeal from the 182nd District Court Harris County, Texas, Trial Court Cause No. 993242.

Panel consists of Justices TAFT, KEYES, and ALCALA.


MEMORANDUM OPINION


Appellant, Jesse Flores, pleaded guilty to the offense of robbery and, the trial court deferred adjudication of guilt, placed appellant on community supervision for five years and assessed a $250 fine. The State subsequently filed a motion to adjudicate guilt to which appellant pleaded true. After a hearing, the trial court found to be true the State's allegations that appellant had violated the conditions of his community supervision. The court found appellant guilty of the original charge, and sentenced him to confinement for 10 years and assessed a $250 fine. Appellant filed a pro se notice of appeal. We affirm. Appellant's counsel on appeal has filed a brief stating that the record presents no reversible error, that the appeal is without merit and is frivolous, and that the appeal must be dismissed or affirmed. See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, (1967). The brief meets the requirements of Anders by presenting a professional evaluation of the record and detailing why there are no arguable grounds for reversal. Id. at 744, 87 S.Ct. at 1400; see also High v. State, 573 S.W.2d 807, 810 (Tex.Crim.App. 1978). Counsel represents that he has served a copy of the brief on appellant. Counsel also advised appellant of her right to examine the appellate record and file a pro se brief. See Stafford v. State, 813 S.W.2d 503, 510 (Tex.Crim.App. 1991). More than 30 days have passed, and appellant has not filed a pro se brief. Having reviewed the record and counsel's brief, we agree that the appeal is frivolous and without merit and that there is no reversible error. See Bledsoe v. State, 178 S.W.3d 824, 826-27(Tex.Crim.App. 2005). We affirm the judgment of the trial court and grant counsel's motion to withdraw. Any pending motions are denied as moot.

Appellant waived the court reporter for the hearing.

Appointed counsel still has a duty to inform appellant of the result of this appeal and that she may, on her own, pursue discretionary review in the Texas Court of Criminal Appeals. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex.Crim.App. 2005).


Summaries of

Flores v. State

Court of Appeals of Texas, First District, Houston
Sep 25, 2008
No. 01-07-00625-CR (Tex. App. Sep. 25, 2008)
Case details for

Flores v. State

Case Details

Full title:JESSE FLORES, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, First District, Houston

Date published: Sep 25, 2008

Citations

No. 01-07-00625-CR (Tex. App. Sep. 25, 2008)