No. 13-08-00428-CR
Opinion delivered and filed August 19, 2010. DO NOT PUBLISH. Tex. R. App. P. 47.2(b).
On appeal from the 430th District Court of Hidalgo County, Texas.
Before Chief Justice VALDEZ and Justices YAÑEZ and GARZA.
Memorandum Opinion by Justice YAÑEZ.
After a trial on the merits, a jury found appellant, Seferino Herrera, guilty of the offense of sexual assault. Appellant was sentenced to thirteen years' confinement. We affirm.
I. Anders Brief
Pursuant to Anders v. California, appellant's court-appointed appellate counsel has filed a brief with this Court stating that, after examining the record, he has concluded that "there are no points of error which could arguably support a meritorious appeal in the instant cause." After discussing the legal sufficiency of the evidence, the trial court's ruling pursuant to rule 412 of the Texas Rules of Evidence, and the denial of appellant's requested jury instruction, counsel concludes that each of these arguable issues lack merit. Counsel's brief meets the requirements of Anders as it presents a professional evaluation showing why there are no non-frivolous grounds for advancing on appeal. In compliance with High v. State, appellant's counsel has carefully discussed why, under controlling authority, there are no errors in the trial court's judgment. Counsel has informed this Court that he has: (1) forwarded a copy of the brief and his request to withdraw as counsel to appellant; (2) examined the record and found no arguable grounds to advance on appeal; and (3) informed appellant of his right to review the record and to file a pro se response. More than an adequate period of time has passed, and appellant has not filed a pro se response. II. Independent Review
Upon receiving an Anders brief, we must conduct a full examination of all the proceedings to determine whether the case is wholly frivolous. We have reviewed the entire record and counsel's brief and have found nothing that would arguably support an appeal. Accordingly, we affirm the judgment of the trial court. III. Motion to Withdraw
In accordance with Anders, appellant's attorney has asked this Court for permission to withdraw as counsel for appellant. We grant counsel's motion to withdraw. Within five days of the date of this Court's opinion, counsel is ordered to send a copy of the opinion and judgment to appellant and to advise appellant of his right to file a petition for discretionary review.