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Garcia v. State

Court of Appeals of Texas, Fifth District, Dallas
Feb 21, 2006
Nos. 05-05-00548-CR, 05-05-00550-CR, 05-05-00549-CR, 05-05-00551-CR (Tex. App. Feb. 21, 2006)

Opinion

Nos. 05-05-00548-CR, 05-05-00550-CR, 05-05-00549-CR, 05-05-00551-CR

Opinion Filed February 21, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.

On Appeal from the 265th Judicial District Court, Dallas County, Texas, Trial Court Cause Nos. F02-16030-IR, F02-16037-IR, F02-16038-IR, F02-16039-IR. Affirmed.

Before Justices WRIGHT, O'NEILL, and FRANCIS.


MEMORANDUM OPINION


Jose Juan Garcia pleaded guilty to four aggravated sexual assault of a child offenses. Pursuant to the plea agreements, the trial court assessed punishment in each case at twenty-five years imprisonment and a $1500 fine. The appeals of the underlying convictions were dismissed for want of jurisdiction. See Garcia v. State, No. 05-02-01822-CR (Tex.App.-Dallas June 24, 2003, pet. ref'd) (not designated for publication). In 2004, appellant filed a motion for post-conviction DNA testing. The trial court denied the motion. Appellant's attorney filed a brief in which she 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, 811 (Tex.Crim.App. [Panel Op.] 1978). Counsel delivered a copy of the brief to appellant. We advised appellant he has a right to file a pro se response, but appellant did not file a response. We have reviewed the record and counsel's brief. We agree the appeals are frivolous and without merit. We find nothing in the record that might arguably support the appeals. We affirm the trial court's orders denying appellant's motion for post-conviction DNA testing.


Summaries of

Garcia v. State

Court of Appeals of Texas, Fifth District, Dallas
Feb 21, 2006
Nos. 05-05-00548-CR, 05-05-00550-CR, 05-05-00549-CR, 05-05-00551-CR (Tex. App. Feb. 21, 2006)
Case details for

Garcia v. State

Case Details

Full title:JOSE JUAN GARCIA, Appellant, v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Feb 21, 2006

Citations

Nos. 05-05-00548-CR, 05-05-00550-CR, 05-05-00549-CR, 05-05-00551-CR (Tex. App. Feb. 21, 2006)