Andy Ray Sherrouse v. State

Affirmed and Memorandum Opinion filed March 12, 2009

Affirmed and Memorandum Opinion filed March 12, 2009.

 

In The

 

Fourteenth Court of Appeals

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NO. 14-08-00213-CR

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ANDY RAY SHERROUSE , Appellant

 

V.

 

THE STATE OF TEXAS, Appellee

 

 

On Appeal from the 176th District Court

Harris County, Texas

Trial Court Cause No. 94-19233

 

 

M E M O R A N D U M   O P I N I O N

After a jury trial, appellant was convicted of the offense of aggravated sexual assault of a child, and was sentenced on October 17, 1995, to confinement for life in the Institutional Division of the Texas Department of Criminal Justice.  On December 2, 2002, appellant filed a pro se motion for DNA testing.  On March 3, 2008, the trial court signed an order, denying appellant=s request.  Appellant filed a timely 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), by presenting a professional evaluation of the record and demonstrating why there are no arguable grounds to be advanced.  See High v. State, 573 S.W.2d 807, 811-12 (Tex. Crim. App. 1978).

A copy of counsel=s brief was delivered to appellant in August 2008.  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, more than sixty days has elapsed and 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.  We are not to address the merits of each claim raised in an Anders brief or a pro se response when we have determined there are no arguable grounds for review.  See Bledsoe v. State, 178 S.W.3d 824, 827-28 (Tex. Crim. App. 2005)

Accordingly, the judgment of the trial court is affirmed.

 

PER CURIAM

 

 

Panel consists of Justices Yates, Guzman, and Sullivan.

Do Not Publish C Tex.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