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Navarro v. State

Court of Appeals of Texas, Third District, Austin
Nov 17, 2021
No. 03-19-00875-CR (Tex. App. Nov. 17, 2021)

Opinion

03-19-00875-CR

11-17-2021

Preston Flores Navarro, Appellant v. The State of Texas, Appellee


Do Not Publish

FROM THE 391ST DISTRICT COURT OF TOM GREEN COUNTY NO. D-18-1183-SB, THE HONORABLE JAY K. WEATHERBY, JUDGE PRESIDING

Before Chief Justice Byrne, Justices Baker and Kelly

MEMORANDUM OPINION

Chari L. Kelly, Justice

Appellant Preston Flores Navarro was charged with the offense of continuous sexual abuse of a child. See Tex. Penal Code § 21.02. After a jury found Navarro guilty of the charged offense, the trial court assessed punishment at fifty years' confinement in the Institutional Division of the Texas Department of Criminal Justice.

Appellant's court-appointed attorney has filed a motion to withdraw supported by a brief concluding that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See 386 U.S. 738, 744 (1967); Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009); see also Penson v. Ohio, 488 U.S. 75, 86-87 (1988).

Appellant's counsel has represented to the Court that he has provided copies of the motion and brief to appellant; advised appellant of his right to examine the appellate record and file a pro se response; and provided appellant with a form motion for pro se access to the appellate record along with the mailing address of this Court. See Kelly v. State, 436 S.W.3d 313, 319-21 (Tex. Crim. App. 2014); see also Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766. To date, appellant has not requested access to the appellate record or filed a pro se response.

We have conducted an independent review of the record, including appellate counsel's brief, and find no reversible error. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766; Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). We agree with counsel that the record presents no arguably meritorious grounds for review and the appeal is frivolous.

Counsel's motion to withdraw is granted. The trial court's judgment of conviction is affirmed.

Affirmed.


Summaries of

Navarro v. State

Court of Appeals of Texas, Third District, Austin
Nov 17, 2021
No. 03-19-00875-CR (Tex. App. Nov. 17, 2021)
Case details for

Navarro v. State

Case Details

Full title:Preston Flores Navarro, Appellant v. The State of Texas, Appellee

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

Date published: Nov 17, 2021

Citations

No. 03-19-00875-CR (Tex. App. Nov. 17, 2021)