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Arizmendez v. State

Court of Appeals of Texas, First District, Houston
Aug 26, 2004
No. 01-03-01294-CR (Tex. App. Aug. 26, 2004)

Opinion

No. 01-03-01294-CR

Opinion issued August 26, 2004. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from the 248th District Court Harris County, Texas, Trial Court Cause No. 948992.

Panel consists of Justices NUCHIA, ALCALA, and HIGLEY.


MEMORANDUM OPINION


Appellant, Reynaldo Arizmendez, pleaded guilty to indecency with a child and true to two enhancement paragraphs alleging prior felony convictions. After preparation of a presentence investigation report, the trial court found appellant guilty of indecency with a child and assessed punishment at confinement for 30 years. We affirm. Appellant's court-appointed counsel filed a motion to withdraw as counsel and a brief concluding that this appeal is without merit. Counsel's brief meets the requirements of Anders v. California, 386 U.S. 738, 744, 87 S.Ct. 1396, 1400 (1967), by presenting a professional evaluation of the record that demonstrates the lack of arguable grounds of error. See High v. State, 573 S.W.2d 807, 811 (Tex.Crim.App. 1978); Moore v. State, 845 S.W.2d 352, 353 (Tex. App.-Houston [1st Dist.] 1992, pet. ref'd). Counsel represents that he 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. We have carefully reviewed the record and counsel's brief. We find no reversible error in the record, and agree that the appeal is without merit. We therefore affirm the judgment of the trial court. We grant counsel's motion to withdraw. See Stephens v. State, 35 S.W.3d 770, 771 (Tex. App.-Houston [1st Dist.] 2000, no pet.).

Counsel has a duty to inform appellant of the result of his appeal and also to inform him that he may, on his own, pursue discretionary review in the Texas Court of Criminal Appeals. See Ex parte Wilson, 956 S.W.2d 25, 27 (Tex.Crim.App. 1997).


Summaries of

Arizmendez v. State

Court of Appeals of Texas, First District, Houston
Aug 26, 2004
No. 01-03-01294-CR (Tex. App. Aug. 26, 2004)
Case details for

Arizmendez v. State

Case Details

Full title:REYNALDO ARIZMENDEZ, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Aug 26, 2004

Citations

No. 01-03-01294-CR (Tex. App. Aug. 26, 2004)