Opinion
No. 05-03-01740-CR
Opinion Filed April 29, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.
On Appeal from the 283rd Judicial District Court, Dallas County, Texas, Trial Court Cause No. F86-98519-VT. Affirmed.
Before Justices WHITTINGTON, MOSELEY, and LANG-MIERS.
MEMORANDUM OPINION
In 1986, a jury convicted Richard Lynn Smith of aggravated sexual assault. The jury assessed punishment at confinement for life and a $10,000 fine. In 2002, appellant filed a motion seeking forensic DNA testing. See Tex. Code Crim. Proc. Ann. Art. 64.01, et seq. (Vernon Supp. 2004-05). After the State informed the trial court that no biological evidence was collected in this case, the trial court denied appellant's motion. Appellant then appealed the order denying testing. 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). See Murphy v. State, 111 S.W.3d 846, 849 (Tex.App.-Dallas 2003, no pet.).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. Appellant, however, 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.