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Tidwell v. State

Court of Appeals of Texas, Fourteenth District, Houston
Aug 6, 2009
No. 14-08-00716-CR (Tex. App. Aug. 6, 2009)

Opinion

No. 14-08-00716-CR

Opinion filed August 6, 2009. DO NOT PUBLISH — TEX. R. APP. P. 47.2(b).

On Appeal from the 241stDistrict Court, Smith County, Texas, Trial Court Cause No. 241-0065-08.

Panel consists of Justices ANDERSON, GUZMAN, and BOYCE.


MEMORANDUM OPINION


Appellant entered a guilty plea to sexual assault of a child. Appellant pled true to an enhancement paragraph. On June 18, 2008, the jury found the enhancement paragraph true, sentenced appellant to confinement for fifty years in the Institutional Division of the Texas Department of Criminal Justice, and assessed a fine of $10,000. Appellant filed a timely notice of appeal. Appellant's appointed counsel filed a brief in which he concludes this appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967), by presenting a professional evaluation of the record and demonstrating why there are no arguable grounds to be advanced. See High v. State, 573 S.W.2d 807, 811-12 (Tex.Crim.App. 1978). A copy of counsel's brief was delivered to appellant. Appellant was advised of the right to examine the appellate record and file a pro se response. See Stafford v. State, 813 S.W.2d 503, 510 (Tex.Crim.App. 1991). As of this date, more than sixty days has elapsed and no pro se response has been filed. We have carefully reviewed the record and counsel's brief and agree the appeal is wholly frivolous and without merit. Further, we find no reversible error in the record. A discussion of the brief would add nothing to the jurisprudence of the state. We are not to address the merits of each claim raised in an Anders brief or a pro se response when we have determined there are no arguable grounds for review. See Bledsoe v. State, 178 S.W.3d 824, 827-28 (Tex.Crim.App. 2005). Accordingly, the judgment of the trial court is affirmed.


Summaries of

Tidwell v. State

Court of Appeals of Texas, Fourteenth District, Houston
Aug 6, 2009
No. 14-08-00716-CR (Tex. App. Aug. 6, 2009)
Case details for

Tidwell v. State

Case Details

Full title:DANIEL WAYNE TIDWELL, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Aug 6, 2009

Citations

No. 14-08-00716-CR (Tex. App. Aug. 6, 2009)