Opinion
NO. 03-19-00305-CR
01-30-2020
Elijah Zuriel Lopez, Appellant v. The State of Texas, Appellee
FROM THE 453RD DISTRICT COURT OF HAYS COUNTY
NO. CR-18-1221 , THE HONORABLE DAVID JUNKIN, JUDGE PRESIDING MEMORANDUM OPINION
Elijah Zuriel Lopez was charged with committing aggravated robbery. See Tex. Penal Code §§ 29.02-.03. After a jury trial, Lopez was found guilty of the charged offense and sentenced to twenty-five years' imprisonment. See id. §§ 12.32, 29.03(b). Following his conviction, Lopez appealed the district court's judgment of conviction.
Lopez's court-appointed attorney on appeal has filed a motion to withdraw supported by a brief concluding that the appeal is frivolous and without merit. Counsel's brief meets the requirements of Anders v. California by presenting a professional evaluation of the record and demonstrating that there are no arguable grounds to be advanced. See 386 U.S. 738, 744-45 (1967); Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009); see also Penson v. Ohio, 488 U.S. 75, 81-82 (1988) (explaining that Anders briefs serve purpose of "assisting the court in determining both that counsel in fact conducted the required detailed review of the case and that the appeal is . . . frivolous"). Lopez's counsel has represented to the Court that he provided copies of the motion and brief to Lopez; advised Lopez of his right to examine the appellate record, file a pro se brief, and pursue discretionary review following the resolution of the appeal in this Court; and provided Lopez with a form motion for pro se access to the appellate record along with the mailing address of this Court. See Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014). Lopez has not requested a copy of the appellate record or filed a pro se brief, and the time permitted to file a brief has expired.
We have independently reviewed the record and have found nothing that might arguably support the appeal. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766. We agree with counsel that the appeal is frivolous and without merit. We grant counsel's motion to withdraw and affirm the district court's judgment of conviction.
/s/_________
Thomas J. Baker, Justice Before Chief Justice Rose, Justices Baker and Triana Affirmed Filed: January 30, 2020 Do Not Publish