Francisco G. Barajas v. State

Opinion issued January 29, 2004









In The

Court of Appeals

For The

First District of Texas

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NOS. 01-03-00262-CR

          01-03-00263-CR

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FRANCISCO G. BARAJAS, Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 262nd District Court

Harris County, Texas

Trial Court Cause Nos. 871747 and 871746




 

MEMORANDUM OPINIONAppellant, Francisco G. Barajas, pleaded guilty to two charges of aggravated sexual assault without a sentencing recommendation. After preparation of a presentence investigation report, the trial court assessed punishment at confinement for 17 years in each case to run concurrently. We affirm.

               Appellant’s court-appointed counsel filed a motion to withdraw as counsel and 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 record 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).

               The brief states that a copy was delivered to appellant, whom counsel advised by letter 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 appeals are wholly frivolous.

               We affirm the judgments 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 Taft, Keyes, and Bland.

Do not publish.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