Opinion
NO. 03-13-00320-CR
02-14-2014
Javier Cabrera Moya, Appellant v. The State of Texas, Appellee
FROM THE DISTRICT COURT OF COMAL COUNTY, 207TH JUDICIAL DISTRICT
NO. CR2012-263, HONORABLE DIB WALDRIP, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Javier Cabrera Moya appeals from his open plea of guilty to the first-degree felony offense of possession with intent to deliver a controlled substance in penalty group 1 (methamphetamine), 400 grams or more, enhanced by his pleading of true to prior felony convictions. See Tex. Health & Safety Code §§ 481.102(6), 481.112(f). After a hearing, the trial court assessed punishment at 58 years and 310 days of imprisonment. The trial court certified Moya's right to appeal the question of punishment.
Moya's court-appointed attorney has filed a motion to withdraw supported by a brief addressing each of these appeals and concluding that these appeals are frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738, 744 (1967), by presenting a professional evaluation of the record in these causes demonstrating why there are no arguable grounds to be advanced. See id.; see also Penson v. Ohio, 488 U.S. 75, 80 (1988); High v. State, 573 S.W.2d 807, 811-13 (Tex. Crim. App. 1978); Currie v. State, 516 S.W.2d 684, 684 (Tex. Crim. App. 1974); Jackson v. State, 485 S.W.2d 553, 553 (Tex. Crim. App. 1972); Gainous v. State, 436 S.W.2d 137, 138 (Tex. Crim. App. 1969). Counsel sent a copy of the brief to Moya and advised him of his right to examine the appellate record in this cause and to file a pro se brief. See Anders, 386 U.S. at 744. Moya did not file a pro se brief and did not request an extension of time to do so.
We have reviewed the record in this cause and find no reversible error. See Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009); Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). We agree with counsel that this appeal is frivolous. Counsel's motion to withdraw is granted. The judgment of conviction is affirmed.
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Jeff Rose, Justice
Before Justices Puryear, Rose, and Goodwin Affirmed Do Not Publish