Moises Guzman v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-13-00721-CR Moises Guzman, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF TRAVIS COUNTY, 427TH JUDICIAL DISTRICT NO. D-1-DC-12-300225, THE HONORABLE WILFORD FLOWERS, JUDGE PRESIDING MEMORANDUM OPINION A jury convicted appellant Moises Guzman of two counts of indecency with a child by sexual contact, see Tex. Penal Code § 22.11(a)(1), and the trial court assessed his punishment at confinement for ten years in the Texas Department of Criminal Justice on each count and ordered the sentences to be served concurrently, see id. § 12.33. Appellant’s court-appointed attorney has filed a motion to withdraw supported by a brief concluding that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See Anders v. California, 386 U.S. 738, 744 (1967); Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009); see also Penson v. Ohio, 488 U.S. 75 (1988). Appellant’s counsel provided appellant a copy of the brief and advised appellant of his right to examine the appellate record and file a pro se brief. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766. No pro se brief or other written response has been filed. We have conducted an independent review of the record and find no reversible error. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766; Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). We agree with counsel that the record presents no arguably meritorious grounds for review and the appeal is frivolous. Counsel’s motion to withdraw is granted. The trial court’s judgments of conviction are affirmed. __________________________________________ Melissa Goodwin, Justice Before Justices Puryear, Goodwin, and Field Affirmed Filed: July 22, 2014 Do Not Publish 2