Opinion
NO. 03-12-00708-CR
01-24-2014
Damian Cuellar, Appellant v. The State of Texas, Appellee
FROM THE DISTRICT COURT OF HAYS COUNTY, 22ND JUDICIAL DISTRICT
NO. CR-12-0380, HONORABLE JACK H. ROBISON, JUDGE PRESIDING
MEMORANDUM OPINION
A jury convicted appellant Damian Cuellar of murder, a second-degree felony. See Tex. Penal Code § 19.02(a), (b)(1), (d) (murder under immediate influence of sudden passion arising from adequate cause). Punishment was assessed at sixteen years' imprisonment. See id. § 12.33 (punishment range for second-degree felony is 20 years maximum and 2 years minimum).
Cuellar's court-appointed attorney has filed a motion to withdraw supported by a brief concluding that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See Anders v. California, 386 U.S. 738, 744 (1967); Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009); see also Penson v. Ohio, 488 U.S. 75 (1988).
Cuellar was served a copy of counsel's brief and was advised of his right to examine the appellate record and to file a pro se brief. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766. No pro se brief or other written response has been filed.
We have reviewed the record, including appellate counsel's brief, and find no reversible error. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766; Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). We agree with counsel that the record presents no arguably meritorious grounds for review and the appeal is frivolous. Counsel's motion to withdraw is granted. The judgment of conviction is affirmed.
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J. Woodfin Jones, Chief Justice
Before Chief Justice Jones, Justices Pemberton and Field Affirmed Do Not Publish