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Garcia v. State

Court of Appeals of Texas, Ninth District, Beaumont
Feb 21, 2024
No. 09-23-00236-CR (Tex. App. Feb. 21, 2024)

Opinion

09-23-00236-CR

02-21-2024

SABRINA OLAROSA GARCIA, Appellant v. THE STATE OF TEXAS, Appellee


Do Not Publish

Submitted on February 13, 2024

On Appeal from the 253rd District Court Liberty County, Texas Trial Cause No. CR34235

Before Golemon, C.J., Johnson and Wright, JJ.

MEMORANDUM OPINION

LEANNE JOHNSON JUSTICE

A grand jury indicted Appellant for murder with a deadly weapon (a firearm), a first-degree felony. See Tex. Penal Code Ann. § 19.02(c). The trial court rejected Garcia's plea agreement with the State for a punishment often years of confinement in exchange for her plea of guilty to the charged offense. Garcia waived her right to a jury trial, pleaded guilty to the offense, and elected to have the trial court assess punishment. The trial court sentenced Garcia to life in prison. Garcia timely filed her appeal.

On appeal, Appellant's court-ordered attorney filed a brief stating that he has reviewed the case and, based on his professional evaluation of the record and applicable law, there are no arguable grounds for reversal. See Anders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). We granted an extension of time for Garcia to file a pro se brief, and we received no response from Garcia.

Upon receiving an Anders brief, this Court must conduct a full examination of the record to determine whether the appeal is wholly frivolous. Penson v. Ohio, 488 U.S. 75, 80 (1988) (citing Anders, 386 U.S. at 744). We have reviewed the entire record and counsel's brief, and we have found nothing that would arguably support an appeal. See Bledsoe v. State, 178 S.W.3d 824, 827-28 (Tex. Crim. App. 2005) ("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 requirements of Texas Rule of Appellate Procedure 47.1.") Therefore, we find it unnecessary to order appointment of new counsel to re-brief the appeal. Cf. Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We affirm the trial court's judgment.

Garcia may challenge our decision in this case by filing a petition for discretionary review with the Texas Court of Criminal Appeals. See Tex. R. App. P. 68.

AFFIRMED.


Summaries of

Garcia v. State

Court of Appeals of Texas, Ninth District, Beaumont
Feb 21, 2024
No. 09-23-00236-CR (Tex. App. Feb. 21, 2024)
Case details for

Garcia v. State

Case Details

Full title:SABRINA OLAROSA GARCIA, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Ninth District, Beaumont

Date published: Feb 21, 2024

Citations

No. 09-23-00236-CR (Tex. App. Feb. 21, 2024)