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Dennis v. State

Court of Appeals of Texas, Fourth District, San Antonio
Jul 18, 2007
Nos. 04-06-00462-CR 04-06-00463-CR (Tex. App. Jul. 18, 2007)

Opinion

Nos. 04-06-00462- CR 04-06-00463-CR

Delivered and Filed: July 18, 2007. DO NOT PUBLISH.

Appeal from the 227th Judicial District Court, Bexar County, Texas, Trial Court Nos. 2005-CR-7428 2005-CR-7429, Honorable Philip A. Kazen, Jr., Judge Presiding.

Sitting: ALMA L. LÓPEZ, Chief Justice, KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice.


MEMORANDUM OPINION


Isliah Dennis was convicted of the offenses of criminal solicitation of a minor and sexual performance of a child and, pursuant to a plea-bargain agreement, was sentenced to five years confinement in the Texas Department of Criminal Justice-Institutional Division. Prior to entering his plea, Dennis had filed numerous pre-trial motions upon which the trial court heard and ruled. However, the judge apparently refrained from ruling on the question of the admissibility of an audio recording and a DVD because he believed the record needed to be more fully developed. Nevertheless, Dennis entered into the plea-bargain agreement without further developing those issues and now brings this appeal. We affirm. Dennis's court-appointed appellate attorney filed a brief in which she raises two arguable points of error, but nonetheless concludes that this appeal is frivolous and without merit. See Anders v. California, 386 U.S. 738, 744-45 (1967); High v. State, 573 S.W.2d 807, 811-12 (Tex.Crim.App. 1978). Counsel states that Dennis was provided with a copy of the brief and motion to withdraw and was further informed of his right to review the record and file his own brief. See Bruns v. State, 924 S.W.2d 176, 177 n. 1 (Tex.App.-San Antonio 1996, no pet.). Dennis did, in fact, file a pro se brief in which he contends that the trial court erred in denying his motion to suppress. After reviewing the record, counsel's brief, and Dennis's brief, we agree with counsel the appeal is frivolous and without merit. We therefore grant the motion to withdraw filed by Dennis's counsel and affirm the trial court's judgments. See Nichols v. State, 954 S.W.2d 83, 85-86 (Tex.App.-San Antonio 1997, no pet.); Bruns, 924 S.W.2d at 177 n. 1. Karen Angelini, Justice


Summaries of

Dennis v. State

Court of Appeals of Texas, Fourth District, San Antonio
Jul 18, 2007
Nos. 04-06-00462-CR 04-06-00463-CR (Tex. App. Jul. 18, 2007)
Case details for

Dennis v. State

Case Details

Full title:Isliah DENNIS, Appellant v. The STATE of Texas, Appellee

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Jul 18, 2007

Citations

Nos. 04-06-00462-CR 04-06-00463-CR (Tex. App. Jul. 18, 2007)