Martinez, Roberto v. State

Affirmed and Memorandum Opinion filed August 18, 2005

Affirmed and Memorandum Opinion filed August 18, 2005.

 

In The

 

Fourteenth Court of Appeals

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NO. 14-04-01043-CR

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ROBERTO MARTINEZ, Appellant

 

V.

 

THE STATE OF TEXAS, Appellee

 

 

On Appeal from the 230th District Court

Harris County, Texas

Trial Court Cause No. 975,863

 

 

M E M O R A N D U M   O P I N I O N

Appellant entered a plea of guilty to the offense of aggravated sexual assault of a child.  On June 11, 2004, the trial court entered an order deferring adjudication of guilt and placed appellant on eight years of community supervision.  The state subsequently moved to adjudicate.  On October 5, 2004, the trial court adjudicated appellant guilty and sentenced him to confinement for eight years in the Institutional Division of the Texas Department of Criminal Justice, and assessed a fine of $500.  Appellant filed a pro se notice of appeal.


Appellant=s appointed counsel filed a brief in which he concludes the appeal is wholly frivolous and without merit.  The brief meets the requirements of Anders v. California, 386 U.S. 738, 87 S. Ct. 1396 (1967), presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced.  See High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978).

A copy of counsel=s brief was delivered to appellant.  Appellant was advised of the right to examine the appellate record and file a pro se response.  See Stafford v. State, 813 S.W.2d 503, 510 (Tex. Crim. App. 1991).  As of this date, no pro se response has been filed.

We have carefully reviewed the record and counsel=s brief and agree the appeal is wholly frivolous and without merit.  Further, we find no reversible error in the record.  A discussion of the brief would add nothing to the jurisprudence of the state.

Accordingly, the judgment of the trial court is affirmed.

 

PER CURIAM

 

Judgment rendered and Memorandum Opinion filed August 18, 2005.

Panel consists of Justices Hudson, Frost, and Seymore.

Do Not Publish C Tex. R. App. P. 47.2(b).