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Mercado v. State

Court of Appeals of Texas, Third District, Austin
Jul 27, 2007
No. 03-06-00381-CR (Tex. App. Jul. 27, 2007)

Opinion

No. 03-06-00381-CR

Filed: July 27, 2007. DO NOT PUBLISH.

Appeal from the District Court of Caldwell County, 274th Judicial District No. 2003-012, Honorable Todd A. Blomerth, Judge Presiding. Affirmed.

Before Justices PATTERSON, PEMBERTON and WALDROP.


MEMORANDUM OPINION


A jury found appellant Jesus Mercado guilty of two counts of sexual assault of a child. See Tex. Penal Code Ann. § 22.011 (West Supp. 2006). The jury assessed punishment for each count at thirty-five years' imprisonment. Appellant's court-appointed attorney filed a brief concluding that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967), by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See also Penson v. Ohio, 488 U.S. 75 (1988); High v. State, 573 S.W.2d 807 (Tex.Crim.App. 1978); Currie v. State, 516 S.W.2d 684 (Tex.Crim.App. 1974); Jackson v. State, 485 S.W.2d 553 (Tex.Crim.App. 1972); Gainous v. State, 436 S.W.2d 137 (Tex.Crim.App. 1969). Appellant received a copy of counsel's brief and was advised of his right to examine the appellate record and to file a pro se brief. No pro se brief has been filed. We have reviewed the record and counsel's brief and agree that the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal. Counsel's motion to withdraw is granted. The judgment of conviction is affirmed.


Summaries of

Mercado v. State

Court of Appeals of Texas, Third District, Austin
Jul 27, 2007
No. 03-06-00381-CR (Tex. App. Jul. 27, 2007)
Case details for

Mercado v. State

Case Details

Full title:JESUS MERCADO, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Third District, Austin

Date published: Jul 27, 2007

Citations

No. 03-06-00381-CR (Tex. App. Jul. 27, 2007)