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Cantu v. St.

Court of Appeals of Texas, Thirteenth District, Corpus Christi
Nov 9, 2006
Nos. 13-05-376-CR, 13-05-377-CR, 13-05-378-CR, 13-05-379-CR (Tex. App. Nov. 9, 2006)

Opinion

Nos. 13-05-376-CR, 13-05-377-CR, 13-05-378-CR, 13-05-379-CR

Memorandum Opinion delivered and filed November 9, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On appeal from the 92nd District Court of Hidalgo County, Texas.

Before Justices YAÑEZ, RODRIGUEZ, and GARZA.


MEMORANDUM OPINION


Appellant, Jose Abran Cantu, was charged in four cases with aggravated robbery. See Tex. Pen. Code Ann. § 29.03 (Vernon 2003). Appellant entered a plea of guilty in each case, and the trial court assessed punishment at fifteen years' confinement in the first and second case, twenty years' confinement in the third case, and five years' confinement in the fourth case, with the sentences to run concurrently. Appellant's court-appointed counsel has filed an Anders brief. We affirm.

I. Compliance with Anders v. California

Appellant's court-appointed counsel has filed an Anders brief in which he has concluded there are no meritorious grounds for appeal and has asked permission to withdraw from the case. See Anders v. California, 386 U.S. 738, 744 (1967). The brief meets the requirements of Anders as it presents a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced on appeal. See id.; see also Stafford v. State, 813 S.W.2d 503, 510 n. 3 (Tex.Crim.App. 1991) (en banc); High v. State, 573 S.W.2d 807, 812 (Tex.Crim.App. [Panel Op.] 1978). Specifically, counsel has informed this Court that he has (1) examined the record and has found no meritorious grounds to advance on appeal, (2) served a copy of the brief on appellant, and (3) informed appellant of his right to review the record and to file a pro se brief. See Anders, 386 U.S. at 744; see also Stafford, 813 S.W.2d at 509-10. More than thirty days have passed, and appellant has not filed any pro se brief. See Anders, 386 U.S. at 744-45; see also Stafford, 813 S.W.2d at 510.

II. Independent Review of Record

Upon receiving a "frivolous appeal" brief, we must conduct "a full examination of all the proceedings to decide whether the case is wholly frivolous." Penson v. Ohio, 488 U.S. 75, 80 (1988); see Ybarra v. State, 93 S.W.3d 922, 926 (Tex.App.-Corpus Christi 2003, no pet.). Accordingly, we have carefully reviewed the appellate record and counsel's brief. We find nothing in the record that would arguably support an appeal. See Bledsoe v. State, 178 S.W.3d 824, 827-28 (Tex.Crim.App. 2005). Therefore, we agree with counsel that the appeal is frivolous and without merit. See id. at 828 ("Due to the nature of Anders briefs, by indicating in the opinion that it considered the issues raised in the briefs and reviewed the record for reversible error but found none, the court of appeals met the requirement of Texas Rule of Appellate Procedure 47.1.").

III. Conclusion

The judgments of the trial court are affirmed. Having affirmed the judgments, we now grant counsel's request to withdraw. We order counsel to notify appellant of the disposition of this appeal and of the availability of discretionary review. See Ex parte Owens, No. AP-74,996, 2006 Tex. Crim. App. LEXIS 1691, at *9-*12 (Tex.Crim.App. Sept. 13, 2006); Ex parte Wilson, 956 S.W.2d 25, 27 (Tex.Crim.App. 1997) (en banc) (per curiam). Furthermore, appellant's motion to correct the trial court's certifications of his right to appeal, see Tex.R.App.P. 25.2(a)(2), is hereby denied as moot.


Summaries of

Cantu v. St.

Court of Appeals of Texas, Thirteenth District, Corpus Christi
Nov 9, 2006
Nos. 13-05-376-CR, 13-05-377-CR, 13-05-378-CR, 13-05-379-CR (Tex. App. Nov. 9, 2006)
Case details for

Cantu v. St.

Case Details

Full title:JOSE ABRAN CANTU, Appellant, v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Thirteenth District, Corpus Christi

Date published: Nov 9, 2006

Citations

Nos. 13-05-376-CR, 13-05-377-CR, 13-05-378-CR, 13-05-379-CR (Tex. App. Nov. 9, 2006)