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Beltran v. State

Court of Appeals Fifth District of Texas at Dallas
Nov 13, 2017
No. 05-17-00334-CR (Tex. App. Nov. 13, 2017)

Opinion

No. 05-17-00334-CR No. 05-17-00335-CR

11-13-2017

SANTOS MARTINEZ BELTRAN, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the Criminal District Court No. 5 Dallas County, Texas
Trial Court Cause Nos. F12-54606-L , F12-56353-L

MEMORANDUM OPINION

Before Justices Lang-Miers, Brown, and Boatright
Opinion by Justice Boatright

Santos Martinez Beltran waived a jury trial and pleaded guilty before the trial court to the offenses of sexual assault of a child and aggravated sexual assault of a child younger than fourteen years. After finding appellant guilty, the trial court sentenced him to twenty years' imprisonment for sexual assault of a child and sixty years' imprisonment for aggravated sexual assault of a child younger than fourteen years. On appeal, appellant's attorney filed a brief in which he concludes the appeals are wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967). The brief presents a professional evaluation of the record showing why, in effect, there are no arguable grounds to advance. See High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. [Panel Op.] 1978) (determining whether brief meets requirements of Anders). Counsel delivered a copy of the brief to appellant. See Kelly v. State, 436 S.W.3d 313, 319-21 (Tex. Crim. App. 2014) (noting appellant has right to file pro se response to Anders brief filed by counsel).

Appellant filed a pro se response raising several issues. After reviewing counsel's brief, appellant's pro se response, and the record, we agree the appeals are frivolous and without merit. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005) (explaining appellate court's duty in Anders cases). We find nothing in the record that might arguably support the appeals.

We affirm the trial court's judgments.

/Jason Boatright/

JASON BOATRIGHT

JUSTICE Do Not Publish
TEX. R. APP. P. 47 170334F.U05

JUDGMENT

On Appeal from the Criminal District Court No. 5, Dallas County, Texas
Trial Court Cause No. F12-54606-L.
Opinion delivered by Justice Boatright. Justices Lang-Miers and Brown participating.

Based on the Court's opinion of this date, the judgment of the trial court is AFFIRMED. Judgment entered this 13th day of November, 2017.

JUDGMENT

On Appeal from the Criminal District Court No. 5, Dallas County, Texas
Trial Court Cause No. F12-56353-L.
Opinion delivered by Justice Boatright. Justices Lang-Miers and Brown participating.

Based on the Court's opinion of this date, the judgment of the trial court is AFFIRMED. Judgment entered this 13th day of November, 2017.


Summaries of

Beltran v. State

Court of Appeals Fifth District of Texas at Dallas
Nov 13, 2017
No. 05-17-00334-CR (Tex. App. Nov. 13, 2017)
Case details for

Beltran v. State

Case Details

Full title:SANTOS MARTINEZ BELTRAN, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Nov 13, 2017

Citations

No. 05-17-00334-CR (Tex. App. Nov. 13, 2017)