Cosme Montes v. State

Opinion issued September 25, 2008





















In The

Court of Appeals

For The

First District of Texas

____________



NOS. 01-07-00805-CR

01-07-00806-CR

____________



COSME MONTES Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 180th District Court

Harris County, Texas

Trial Court Cause Nos. 1086759 and 1086760




MEMORANDUM OPINION

Appellant, Cosme Montes, pleaded guilty to two separate offenses of aggravated sexual assault of a child. After a pre-sentence investigation hearing, the trial court sentenced appellant, in each case, to confinement for 20 years. We affirm.

Appellant's counsel on appeal has filed a brief stating that the record presents no reversible error, that the appeals are without merit and are frivolous, and that the appeals 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 response to his Anders 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 records and counsel's brief, we agree that the appeals are 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 judgments of the trial court and grant counsel's motion to withdraw. (1)

Any pending motions are denied as moot.

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Nuchia and Higley.

Do not publish.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).