Rafael Sifuentes v. State

Summarize Case

Related Cases

Opinion issued October 18, 2007

















In The

Court of Appeals

For The

First District of Texas



NO. 01-07-00142-CR



RAFAEL SIFUENTES, Appellant



V.



THE STATE OF TEXAS, Appellee



On Appeal from the 182nd District Court

Harris County, Texas

Trial Court Cause No. 1050576



MEMORANDUM OPINION



Appellant, Rafael Sifuentes, pleaded guilty to the offense of burglary of a habitation and true to one enhancement paragraph, without an agreed recommendation from the State. After a presentence investigation, the trial court assessed his punishment at confinement for 25 years. We affirm.

Appellant's counsel on appeal has filed a brief stating that the record presents no reversible error, that the appeal is without merit and is frivolous, and that the appeal must be dismissed or affirmed. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, (1967). The brief meets the requirements of Anders by presenting a professional evaluation of the record and detailing why there are no arguable grounds for reversal. Id. at 744, 87 S. Ct. at 1400; see also High v. State, 573 S.W.2d 807, 810 (Tex. Crim. App.1978).

Counsel represents that he has 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. Having reviewed the record and counsel's brief, we agree that the appeal is frivolous and without merit and that there is no reversible error. See Bledsoe v. State, 178 S.W.3d 824, 826-27(Tex. Crim. App. 2005).

We affirm the judgment of the trial court and grant counsel's motion to withdraw. (1)

PER CURIAM

Panel consists of Justices Nuchia, Hanks, and Bland.

Do not publish.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





















1. Appointed counsel still has a duty to inform appellant of the result of this appeal and that she may, on her own, pursue discretionary review in the Texas Court of Criminal Appeals. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005).