Opinion
No. 08-14-00301-CR
01-07-2016
CHRISTIAN LARA, Appellant, v. THE STATE OF TEXAS, Appellee.
Appeal from 394th District Court of Presidio County, Texas (TC # 3220) MEMORANDUM OPINION
Christian Lara appeals his conviction of reckless injury to a child. A jury found Appellant guilty of the lesser included offense of reckless injury to a child and further found that he used or exhibited a deadly weapon. The jury assessed Appellant's punishment at a fine of $10,000 and imprisonment for a term of twenty years. The trial court included an affirmative deadly weapon finding in the judgment. We affirm.
FRIVOLOUS APPEAL
Appellant's court-appointed counsel has filed a brief in which he has concluded that 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, 18 L.Ed.2d 493 (1967), by presenting a professional evaluation of the record demonstrating why, in effect, there are no arguable grounds to be advanced. See In re Schulman, 252 S.W.3d 403, 407 n.9 (Tex.Crim.App. 2008)("In Texas, an Anders brief need not specifically advance 'arguable' points of error if counsel finds none, but it must provide record references to the facts and procedural history and set out pertinent legal authorities."); High v. State, 573 S.W.2d 807 (Tex.Crim.App. 1978). Counsel has notified the Court in writing that he has delivered a copy of counsel's brief and the motion to withdraw to Appellant, and he has advised Appellant of his right to review the record, file a pro se brief, and to seek discretionary review. Kelly v. State, 436 S.W.3d 313, 318-20 (Tex.Crim.App. 2014) (setting forth duties of counsel). Appellant has been provided access to the appellate record, but he has not filed a pro se brief.
We have carefully reviewed the record and counsel's brief, and agree that the appeal is wholly frivolous and without merit. Further, we find nothing in the record that might arguably support the appeal. Accordingly, we affirm the judgment of the trial court. January 7, 2016
ANN CRAWFORD McCLURE, Chief Justice Before McClure, C.J., Rodriguez, and Hughes, JJ. (Do Not Publish)