Opinion
NO. 09-19-00033-CR
03-18-2020
ANGELO HERNANDEZ, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the County Court San Jacinto County, Texas
Trial Cause No. 2017-84
MEMORANDUM OPINION
Angelo Hernandez appeals his conviction for resisting arrest, a Class A misdemeanor. Hernandez's court-appointed appellate counsel filed an Anders brief, in which she contends no arguable grounds can be advanced to support Hernandez's appeal. In the brief, counsel presents her professional evaluation of the record, and she explains why no arguable issues can be raised to support Hernandez's appeal.
See Anders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978).
See id.
Subsequently, we granted an extension of time to allow Hernandez to file a pro se response. But he did not do so.
After reviewing the appellate record and the Anders brief filed by counsel, we agree with counsel's conclusion that Hernandez cannot raise any arguable issues to support the appeal. We also conclude Hernandez's appeal is frivolous. For these reasons, we need not appoint new counsel to re-brief the appeal.
Cf. Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991) (requiring court appointment of other counsel only if it is determined that arguable grounds exist to support the appeal).
The trial court's judgment is affirmed.
Hernandez may challenge our decision in the case by filing a petition for discretionary review. See Tex. R. App. P. 68.
AFFIRMED.
/s/_________
HOLLIS HORTON
Justice Submitted on October 15, 2019
Opinion Delivered March 18, 2020
Do Not Publish Before Kreger, Horton and Johnson, JJ.