Opinion
No. 05-04-00896-CR
Opinion Filed September 28, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the 282nd Judicial District Court, Dallas County, Texas, Trial Court Cause No. F97-56996-S. Affirmed.
Before Justices MORRIS, WRIGHT, and RICHTER.
MEMORANDUM OPINION
In this case, Seferino Jessie Paredes appeals the trial court's denial of his motion for post-conviction DNA testing. In 1998, appellant pleaded guilty to murder and, pursuant to a plea bargain agreement, punishment was assessed at fifty years' imprisonment and a $500 fine. No appeal was taken at that time. In 2002, appellant filed a motion for post-conviction DNA testing pursuant to chapter 64 of the Texas Code of Criminal Procedure. The trial judge denied the motion. 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). 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, but appellant 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 order.