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Rios v. State

State of Texas in the Fourteenth Court of Appeals
May 1, 2014
NO. 14-13-00611-CR (Tex. App. May. 1, 2014)

Opinion

NO. 14-13-00611-CR

05-01-2014

EDWIN RIOS, Appellant v. THE STATE OF TEXAS, Appellee


Affirmed and Memorandum Opinion filed May 1, 2014.

On Appeal from the 248th District Court

Harris County, Texas

Trial Court Cause No. 1346431


MEMORANDUM OPINION

Appellant entered a plea of guilty to assault of a public servant in exchange for deferred adjudication community supervision. On April 18, 2013, the State filed a motion to adjudicate appellant's guilt because he committed an additional offense of fleeing from a police officer in a motor vehicle. On June 27, 2013, the trial court adjudicated appellant's guilt and sentenced him to confinement for two years in the Institutional Division of the Texas Department of Criminal Justice. Appellant filed a timely notice of appeal.

Appellant's appointed counsel 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, 87 S.Ct. 1396 (1967), by presenting a professional evaluation of the record and demonstrating why there are no arguable grounds to be advanced. See High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978).

A copy of counsel's brief was delivered to appellant. Appellant was advised of the right to examine the appellate record and file a pro se response. See Stafford v. State, 813 S.W.2d 503, 512 (Tex. Crim. App. 1991). As of this date, more than forty-five days has passed and no pro se response has been filed.

We have carefully reviewed the record and counsel's brief and agree the appeal is wholly frivolous and without merit. Further, we find no reversible error in the record. We are not to address the merits of each claim raised in an Anders brief or a pro se response when we have determined there are no arguable grounds for review. See Bledsoe v. State, 178 S.W.3d 824, 827-28 (Tex. Crim. App. 2005).

Accordingly, the judgment of the trial court is affirmed.

PER CURIAM Panel consists of Justices Christopher, Jamison, and McCally. Do Not Publish — TEX. R. APP. P. 47.2(b).


Summaries of

Rios v. State

State of Texas in the Fourteenth Court of Appeals
May 1, 2014
NO. 14-13-00611-CR (Tex. App. May. 1, 2014)
Case details for

Rios v. State

Case Details

Full title:EDWIN RIOS, Appellant v. THE STATE OF TEXAS, Appellee

Court:State of Texas in the Fourteenth Court of Appeals

Date published: May 1, 2014

Citations

NO. 14-13-00611-CR (Tex. App. May. 1, 2014)