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Martinez v. State

Court of Appeals of Texas, First District, Houston
Oct 23, 2008
No. 01-07-01058-CR (Tex. App. Oct. 23, 2008)

Opinion

No. 01-07-01058-CR

Opinion issued October 23, 2008. DO NOT PUBLISH. Tex. R. App. P. 47.2(b).

On Appeal from the 178th District Court Harris County, Texas, Trial Court Cause No. 1080426.

Panel consists of Chief Justice Radack, and Justices Nuchia and Higley.


MEMORANDUM OPINION


Appellant, Victor Cruz Martinez, without an agreed punishment recommendation from the State, pleaded guilty to the offense of arson. The trial court ordered a presentence investigation and rescheduled the case. After a presentence investigation hearing, the trial court sentenced appellant to confinement for 25 years. 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 she has served a copy of the brief on appellant. Counsel also advised appellant of his 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.

Appointed counsel still has a duty to inform appellant of the result of this appeal and that he may, on his 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

Martinez v. State

Court of Appeals of Texas, First District, Houston
Oct 23, 2008
No. 01-07-01058-CR (Tex. App. Oct. 23, 2008)
Case details for

Martinez v. State

Case Details

Full title:VICTOR CRUZ MARTINEZ, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Oct 23, 2008

Citations

No. 01-07-01058-CR (Tex. App. Oct. 23, 2008)