Martinez, Pedro Deleon v. State

Opinion issued January 9, 2003





















In The

Court of Appeals

For The

First District of Texas

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NOS. 01-02-00033-CR

01-02-00034-CR

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PEDRO DELEON MARTINEZ, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 339th District Court

Harris County, Texas

Trial Court Cause Nos. 843764 and 843765




MEMORANDUM OPINION

Appellant, Pedro Deleon Martinez, pleaded guilty to two charges of aggravated sexual assault without a plea bargain agreement. After preparation of a presentence investigation report, the trial court assessed punishment at 35 years' confinement in each case. We affirm.

Appellant's court-appointed counsel filed a brief concluding that the appeals are wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967), by presenting a professional evaluation of the records and demonstrating why there are no arguable grounds of error to be advanced. See High v. State, 573 S.W.2d 807, 811 (Tex. Crim. App. 1978); Moore v. State, 845 S.W.2d 352, 353 (Tex. App.--Houston [1st Dist.] 1992, pet. ref'd).

Counsel certifies that the brief was delivered to appellant, who was advised of his right to examine the appellate records and file a pro se brief. See Stafford v. State, 813 S.W.2d 503, 510 (Tex. Crim. App. 1991). More than 30 days have passed, and appellant has not filed a pro se brief. We have carefully reviewed the records and counsel's brief. We find no reversible error in the records, and agree that the appeals are wholly frivolous.

We affirm the judgments. (1)

PER CURIAM

Panel consists of Chief Justice Radack and Justices Nuchia and Jennings.

Do not publish. Tex. R. App. P. 47.

1.

Appellant's counsel has a duty to inform appellant of the result of these appeals and also to inform appellant 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).