Opinion
No. 08-18-00129-CR
04-24-2019
ISELA PENA GARCIA, Appellant, v. THE STATE OF TEXAS, Appellee.
Appeal from the 143rd District Court of Reeves County, Texas (TC# 17-07-08169-CRR) MEMORANDUM OPINION
Isela Pena Garcia is appealing her conviction of evading arrest enhanced with a prior conviction for evading arrest. A jury found Appellant guilty and assessed her punishment at confinement in the state jail for two years. We affirm.
FRIVOLOUS APPEAL
Appellant's court-appointed counsel has filed a brief in which he has concluded that the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), by presenting a professional evaluation of the record demonstrating why, in effect, there are no arguable grounds to be advanced. See In re Schulman, 252 S.W.3d 403, 406 n.9 (Tex.Crim.App. 2008)("In Texas, an Anders brief need not specifically advance 'arguable' points of error if counsel finds none, but it must provide record references to the facts and procedural history and set out pertinent legal authorities."); High v. State, 573 S.W.2d 807 (Tex.Crim.App. 1978). Counsel has notified the Court in writing that he has delivered a copy of counsel's brief and the motion to withdraw to Appellant, and he has advised Appellant of her right to review the record, file a pro se brief, and to seek discretionary review. Kelly v. State, 436 S.W.3d 313, 318-20 (Tex.Crim.App. 2014)(setting forth duties of counsel). Counsel also provided Appellant with a motion requesting access to the appellate record in compliance with Kelly, and we granted Appellant's request for access to the record. Appellant has not filed a pro se brief.
After carefully reviewing the record and counsel's brief, we conclude that the appeal is wholly frivolous and without merit. Further, we find nothing in the record that might arguably support the appeal. The judgment of the trial court is affirmed.
GINA M. PALAFOX, Justice April 24, 2019 Before McClure, C.J., Rodriguez, and Palafox, JJ. (Do Not Publish)