From Casetext: Smarter Legal Research

Branch v. State

Court of Appeals For The First District of Texas
Apr 28, 2015
NO. 01-14-00842-CR (Tex. App. Apr. 28, 2015)

Opinion

NO. 01-14-00842-CR

04-28-2015

FREDERICK DOUGLAS BRANCH, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 338th District Court Harris County, Texas
Trial Court Case No. 1407881

MEMORANDUM OPINION

Appellant, Frederick Douglas Branch, pleaded guilty to the offense of unlawful possession of a firearm by a felon without an agreed recommendation as to punishment with the State. The trial court ordered a pre-sentence investigation. At the conclusion of the pre-sentence investigation, a hearing was held on September 4, 2014, during which the trial court found appellant guilty and sentenced him to confinement for three 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 he 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 record contains no arguable issues for appeal. 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. Attorney E. Chevo Pastrano must immediately send the notice required by Texas Rule of Appellate Procedure 6.5(c) and file a copy of that notice with the Clerk of this Court.

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).

We deny as moot any pending motions.

PER CURIAM Panel consists of Chief Justice Radack and Justices Brown and Lloyd. Do not publish. TEX. R. APP. P. 47.2(b).


Summaries of

Branch v. State

Court of Appeals For The First District of Texas
Apr 28, 2015
NO. 01-14-00842-CR (Tex. App. Apr. 28, 2015)
Case details for

Branch v. State

Case Details

Full title:FREDERICK DOUGLAS BRANCH, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals For The First District of Texas

Date published: Apr 28, 2015

Citations

NO. 01-14-00842-CR (Tex. App. Apr. 28, 2015)