NUMBER 13-00-076-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI
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FAVIO FERNANDO LOPEZ,
Appellant,v.
THE STATE OF TEXAS, Appellee.
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On appeal from the 197th District Court
of Cameron County, Texas.
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O P I N I O N
Before Chief Justice Seerden and Justices Dorsey and Yañez
Opinion by Justice Yañez
Appellant was indicted for the felony offense of burglary of a habitation. He pleaded guilty to the charge and was assessed a term of eight years in the Texas Department of Criminal Justice - Institutional Division.
Appellant's court appointed attorney has filed a brief in which he has concluded that this appeal is wholly frivolous and without merit. Anders v. California, 386 U.S. 738 (1967). The brief meets the requirements of Anders as it presents a professional evaluation of why there are no arguable grounds for advancing an appeal. See Stafford v. State, 813 S.W.2d 503, 509-10 (Tex. Crim. App. 1991); Lindsey v. State, 902 S.W. 2d 9,11 (Tex. App. - Corpus Christi 1995, no pet.).
Counsel states in his brief that he has served a copy of his brief on appellant and he has advised him by letter of his opinion that the appeal is without merit but that appellant has the right to review the record and file a pro se brief. To date, no pro se brief has been filed.
In Penson v. Ohio, 488 U.S. 75, 80 (1988), the Supreme Court
discussed the responsibilities of an appellate court upon receiving a
"frivolous appeal" brief. The court stated: "once the appellate court
receives this brief, it must then itself conduct 'a full examination of all
the proceeding[s] to decide whether the case is wholly frivolous.'" Id.
(quoting Anders, 386 U.S. at 744). This we have done and we
conclude that the appeal is wholly frivolous. We AFFIRM the judgment
of the trial court.
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LINDA REYNA YAÑEZ
Justice
Do not publish. TEX. R. APP. P. 47.3.
Opinion delivered and filed
the 1st day of June, 2000.