Opinion
No. 05-03-00658-CR
Affirmed and Opinion Filed December 18, 2003. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the 291st Judicial District Court Dallas County, Texas, Trial Court Cause No. F85-96493-HU. Affirmed.
Before Justices MOSELEY, FITZGERALD, and LANG.
MEMORANDUM OPINION
Nesby Jones appeals the trial court's order denying his post-conviction motion for DNA testing pursuant to article 64.01 et seq. of the code of criminal procedure. See Tex. Code Crim. Proc. Ann. art. 64.01 (Vernon 2003). In the underlying case, appellant was convicted of attempted aggravated sexual assault and punishment was assessed at confinement for life and a $10,000 fine. Appellant's attorney 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 (1967). See Murphy v. State, 111 S.W.3d 846, 847-49 (Tex. App.-Dallas 2003, no pet.) ( Anders process applicable to appeal of order regarding post-conviction DNA testing). 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. Appellant, however, did not file a pro se response. We have reviewed the record and counsel's brief. We agree the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal. We affirm the trial court's judgment.
The underlying conviction was affirmed on appeal under cause no. 05-85-00587-CR.