Sylvia Trevino Martinez v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-04-00795-CR Sylvia Trevino Martinez, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF BELL COUNTY, 27TH JUDICIAL DISTRICT NO. 52902, HONORABLE JOE CARROLL, JUDGE PRESIDING MEMORANDUM OPINION Appellant Sylvia Trevino Martinez was placed on deferred adjudication probation after she pleaded guilty to intentionally causing bodily injury to a child. See Tex. Pen. Code Ann. § 22.04 (West Supp. 2005). She was adjudicated guilty after she admitted violating the conditions of her probation. The court sentenced her to five years in prison. Appellant’s court-appointed attorney filed a brief concluding that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967), by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See also Penson v. Ohio, 488 U.S. 75 (1988); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978); Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974); Jackson v. State, 485 S.W.2d 553 (Tex. Crim. App. 1972); Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969). Appellant received a copy of counsel’s brief and was advised of her right to examine the appellate record and to file a pro se brief. No pro se brief has been filed. We have reviewed the record and counsel’s brief and agree that the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal. Counsel’s motion to withdraw is granted. The judgment of conviction is affirmed. __________________________________________ Bob Pemberton, Justice Before Justices B. A. Smith, Puryear and Pemberton Affirmed Filed: March 16, 2006 Do Not Publish 2