Opinion
NO. 01-15-01053-CR
07-13-2017
JOHNATHAN SANCHEZ, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 351st District Court Harris County, Texas
Trial Court Case No. 1409222
MEMORANDUM OPINION
A jury found appellant, Johnathan Sanchez, guilty of the offense of capital murder and assessed his punishment at confinement for life without parole. The trial court certified that this case is not a plea-bargain case and he has the right to appeal. Appellant timely filed a notice of appeal.
See TEX. PENAL CODE ANN. § 19.03(a)(7) (Vernon Supp. 2016).
Appellant's appointed counsel on appeal has filed a motion to withdraw and a brief, stating that the record presents no reversible error and the appeal is without merit and is frivolous. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396 (1967). Counsel's brief meets the Anders requirements by presenting a professional evaluation of the record and supplying us with references to the record and legal authority. 386 U.S. at 744, 87 S. Ct. at 1400; see also High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. 1978). Counsel indicates that he has thoroughly reviewed the record and is unable to advance any grounds of error that warrant reversal. See Anders, 386 U.S. at 744, 87 S. Ct. at 1400; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
Counsel informed the Court that he delivered a copy of the brief to appellant, informed him of his right to obtain a copy of the record and file a response to counsel's Anders brief, and provided him a form motion to access the record. See Kelly v. State, 436 S.W.3d 313, 319 (Tex. Crim. App. 2014) (citations omitted); In re Schulman, 252 S.W.3d 403, 408 (Tex. Crim. App. 2008). Appellant filed a pro se motion to access the record and for an extension of time to file his response. This Court granted the motion, and the trial court clerk sent a copy of the record to him. See Kelly, 436 S.W.3d at 321. Appellant has not filed a response to his counsel's Anders brief.
We have independently reviewed the entire record in this appeal and conclude that no reversible error exists, there is no arguable ground for review, and the appeal is frivolous. See Anders, 386 U.S. at 744, 87 S. Ct. at 1400 (emphasizing reviewing court—and not counsel—determines, after full examination of proceedings, whether appeal is wholly frivolous); Garner v. State, 300 S.W.3d 763, 767 (Tex. Crim. App. 2009) (reviewing court must determine whether arguable grounds for review exist); Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005) (same); Mitchell, 193 S.W.3d at 155-56 (reviewing court determines whether arguable grounds exist by reviewing entire record). We note that appellant may challenge our holding that there is no arguable ground for appeal by filing a petition for discretionary review in the Texas Court of Criminal Appeals. See Bledsoe, 178 S.W.3d at 827 & n.6.
We affirm the judgment of the trial court and grant counsel's motion to withdraw. Attorney J. Sidney Crowley must immediately send appellant the required notice and file a copy of the notice with the Clerk of this Court. See TEX. R. APP. P. 6.5(c).
Appointed counsel still has a duty to inform appellant of the result of this appeal and that he may, on his own, pursue discretionary review in the Texas Court of Criminal Appeals. See Ex parte Wilson, 956 S.W.2d 25, 27 (Tex. Crim. App. 1997).
PER CURIAM Panel consists of Justices Jennings, Higley, and Massengale. Do not publish. TEX. R. APP. P. 47.2(b).