Fernando Franco Cabral v. State

Opinion issued July 15, 2004












In The

Court of Appeals

For The

First District of Texas

____________


NO. 01-03-00202-CR

____________


FERNANDO FRANCO CABRAL, Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 208th District Court

Harris County, Texas

Trial Court Cause No. 905844




 

MEMORANDUM OPINION

               Appellant, Fernando Franco Cabral, was convicted by a jury of aggravated sexual assault. The jury assessed punishment at confinement for eight years. We affirm.

               Appellant’s court-appointed counsel filed a motion to withdraw as counsel and a brief concluding that this appeal is without merit. Counsel’s 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 record that demonstrates the lack of arguable grounds of error. 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 represents that he served a copy of the brief on appellant. Counsel also advised appellant of his right to examine the appellate record 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 record and counsel’s brief. We find no reversible error in the record, and agree that the appeal is without merit.

               We therefore affirm the judgment of the trial court.

               We grant counsel’s motion to withdraw. See Stephens v. State, 35 S.W.3d 770, 771 (Tex. App.—Houston [1st Dist.] 2000, no pet.).

PER CURIAM

Panel consists of Justices Nuchia, Alcala, and Higley.

Do not publish. Tex. R. App. P. 47.2(b).