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Smith v. State

Court of Appeals of Texas, Fourteenth District, Houston
Oct 20, 2011
No. 14-10-01068-CR (Tex. App. Oct. 20, 2011)

Opinion

No. 14-10-01068-CR

Opinion filed October 20, 2011. DO NOT PUBLISH — Tex. R. App. P. 47.2(b).

On Appeal from the 179th District Court, Harris County, Texas, Trial Court Cause No. 1055262.

Panel consists of Justices BROWN, BOYCE, and McCALLY.


MEMORANDUM OPINION


A jury convicted appellant of sexual assault of a child and found the allegations in two enhancement paragraphs to be "true." The jury sentenced appellant to confinement for forty years in the Institutional Division of the Texas Department of Criminal Justice. Appellant's appointed counsel filed a brief in which he concludes the appeal is wholly frivolous and without merit. The brief meets the requirement 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, 510 (Tex. (Tex. Crim. App. 1991). As of this date, 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.


Summaries of

Smith v. State

Court of Appeals of Texas, Fourteenth District, Houston
Oct 20, 2011
No. 14-10-01068-CR (Tex. App. Oct. 20, 2011)
Case details for

Smith v. State

Case Details

Full title:HARDY SMITH, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fourteenth District, Houston

Date published: Oct 20, 2011

Citations

No. 14-10-01068-CR (Tex. App. Oct. 20, 2011)