Opinion
03-24-00105-CR
08-30-2024
William Jason Perez, Appellant v. The State of Texas, Appellee
Do Not Publish
From the 207th District Court of Hays County No. CR-23-0118-B, the Honorable Tracie Wright-Reneau, Judge Presiding
Before Chief Justice Byrne, Justices Triana and Kelly
MEMORANDUM OPINION
DARLENE BYRNE, CHIEF JUSTICE
A jury found Appellant William Jason Perez guilty of second-degree sexual assault and assessed punishment at ten-years' imprisonment and assessed a $10,000 fine. See Tex. Penal Code §§ 12.33; 22.011(a)(1), (f). On the jury's recommendation, the trial court suspended his sentence and placed him on community supervision for ten years. See Tex. Code Crim. Proc. art. 42A.053. He appeals.
Appellant's court-appointed attorney has filed a motion to withdraw as counsel along with a brief concluding that the appeal is frivolous and presents no arguably meritorious issues. 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, 81-82 (1988). Appellant's counsel has certified to this Court that he sent 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 a copy of the appellate record. See Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014); see also Anders, 386 U.S. at 744.
We have conducted an independent review of the record-including the record of the trial proceedings below and 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 that the appeal is frivolous.
We affirm the judgment and grant counsel's motion to withdraw.
Affirmed.