Christopher Moffett v. State

Affirmed and Memorandum Opinion filed February 26, 2009

Affirmed and Memorandum Opinion filed February 26, 2009.

 

In The

 

Fourteenth Court of Appeals

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NO. 14-08-00516-CR

NO. 14-08-00517-CR

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CHRISTOPHER MOFFETT, Appellant

 

V.

 

THE STATE OF TEXAS, Appellee

 

 

On Appeal from the 179th District Court

Harris County, Texas

Trial Court Cause Nos. 1131017 & 1131018

 

 

M E M O R A N D U M   O P I N I O N

Appellant entered a plea of Aguilty@ to the offenses of aggravated sexual assault (Trial Court Cause No. 1131017, Appeal No. 14-08-00516-CR) and aggravated robbery (Trial Court Cause No. 1131018, Appeal No. 14-08-00517-CR).  On June 5, 2008, the trial court sentenced appellant in each case to confinement for ten years in the Institutional Division of the Texas Department of Criminal Justice and assessed a fine of $10,000, the sentences to run concurrently.  Appellant filed a notice of appeal in each case.


Appellant=s appointed counsel filed a brief in which he concludes both appeals are 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 in each case 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.  Appellant was advised of the right to examine the appellate record in each case 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 in each case and counsel=s brief and agree each appeal is wholly frivolous and without merit.  Further, we find no reversible error in the record in each case.  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 in each case.

 

PER CURIAM

 

 

Panel consists of Justices Frost, Brown, and Boyce.

Do Not Publish C Tex.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