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Heard v. State

Court of Appeals of Texas, Fourteenth District, Houston
Mar 12, 2009
No. 14-08-00239-CR (Tex. App. Mar. 12, 2009)

Opinion

No. 14-08-00239-CR

Memorandum Opinion filed March 12, 2009. DO NOT PUBLISH — TEX. R. APP. P. 47.2(b).

On Appeal from the 174th District Court Harris County, Texas, Trial Court Cause No. 1080419.

Panel consists of Justices YATES, GUZMAN, and SULLIVAN.


MEMORANDUM OPINION


After a jury trial, appellant was convicted of the offense of aggravated sexual assault of a child. On March 25, 2008, the trial court sentenced appellant to confinement for twenty years in the Institutional Division of the Texas Department of Criminal Justice. Appellant filed a pro se notice of appeal. Appellant's appointed counsel filed a brief in which he concludes the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967), by presenting a professional evaluation of the record and demonstrating why there are no arguable grounds to be advanced. See High v. State, 573 S.W.2d 807, 811-12 (Tex.Crim.App. 1978). A copy of counsel's brief was delivered to appellant. Appellant was advised of the right to examine the appellate record and file a pro se response. See Stafford v. State, 813 S.W.2d 503, 510 (Tex.Crim.App. 1991). Appellant requested a copy of the record and this court issued an order on October 23, 2008, requesting the District Clerk's office to forward a copy of the record to appellant. Appellant received the record on October 30, 2008. We set appellant's pro se response due on December 1, 2008. Appellant requested and was granted two extensions until February 9, 2009. No further extensions have been requested and no pro se response has been filed. We have carefully reviewed the record and counsel's brief and agree the appeal is wholly frivolous and without merit. Further, we find no reversible error in the record. A discussion of the brief would add nothing to the jurisprudence of the state. We are not to address the merits of each claim raised in an Anders brief or a pro se response when we have determined there are no arguable grounds for review. See Bledsoe v. State, 178 S.W.3d 824, 827-28 (Tex.Crim.App. 2005) Accordingly, the judgment of the trial court is affirmed.


Summaries of

Heard v. State

Court of Appeals of Texas, Fourteenth District, Houston
Mar 12, 2009
No. 14-08-00239-CR (Tex. App. Mar. 12, 2009)
Case details for

Heard v. State

Case Details

Full title:JASON EDWARD HEARD, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fourteenth District, Houston

Date published: Mar 12, 2009

Citations

No. 14-08-00239-CR (Tex. App. Mar. 12, 2009)