Opinion issued February 10, 2015
In The
Court of Appeals
For The
First District of Texas
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NO. 01-14-00064-CR
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SHAMOON AHMAD, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 228th District Court
Harris County, Texas
Trial Court Case No. 1376111
MEMORANDUM OPINION
Appellant, Shamoon Ahmad, pleaded guilty to the offense of aggravated
robbery, without an agreed recommendation from the State regarding punishment.1
1
See TEX. PENAL CODE ANN. § 29.03 (West 2011).
The trial court found appellant guilty and assessed punishment at five years’
confinement. The trial court certified that this is not a plea-bargain case and that
appellant has the right to appeal. Appellant timely filed notice of appeal.
Appellant’s court-appointed appellate counsel has filed a motion to
withdraw, along with an Anders brief stating that the record presents no reversible
error and therefore the appeal is without merit and is frivolous. See Anders v.
California, 386 U.S. 738, 87 S. Ct. 1396 (1967).
Counsel’s brief meets the Anders requirements by presenting a professional
evaluation of the record and supplying us with references to the record and legal
authority. See Anders, 386 U.S. at 744, 87 S. Ct. at 1400; see also High v. State,
573 S.W.2d 807, 812−13 (Tex. Crim. App. 1978). Counsel indicates that he has
thoroughly reviewed the record and is unable to advance any grounds of error that
warrant reversal. See Anders, 386 U.S. at 744, 87 S. Ct. at 1400; Mitchell v. State,
193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.). Counsel has
also informed us that he delivered a copy of the brief to appellant. This Court
ordered the appellate record sent to appellant and informed him of his right to
examine the appellate record and to file a response by August 18, 2014, which was
then extended until September 10, 2014. See In re Schulman, 252 S.W.3d 403,
408 (Tex. Crim. App. 2008). Appellant has not filed a pro se response.
2
We have independently reviewed the entire record in this appeal, and we
conclude that no reversible error exists in the record, there are no arguable grounds
for review, and therefore the appeal is frivolous. See Anders, 386 U.S. at 744, 87 S.
Ct. at 1400 (emphasizing that reviewing court―not counsel―determines, after full
examination of proceedings, whether appeal is wholly frivolous); Garner v. State,
300 S.W.3d 763, 767 (Tex. Crim. App. 2009) (reviewing court must determine
whether arguable grounds for review exist); Bledsoe v. State, 178 S.W.3d 824,
826−27 (Tex. Crim. App. 2005) (same); Mitchell, 193 S.W.3d at 155 (same).
Appellant may challenge our holding that there are no arguable grounds for appeal
by filing a petition for discretionary review in the Court of Criminal Appeals. See
Bledsoe, 178 S.W.3d at 827 & n.6.
We affirm the judgment of the trial court and grant counsel’s motion to
withdraw.2 Attorney Winston E. Cochran, Jr. must immediately send the notice
required by Texas Rule of Appellate Procedure 6.5(c) and file a copy of that notice
with the Clerk of this Court. See TEX. R. APP. P. 6.5(c).
PER CURIAM
Panel consists of Chief Justice Radack and Justices Bland and Huddle.
Do not publish. TEX. R. APP. P. 47.2(b).
2
Appointed counsel still has a duty to inform appellant of the result of this appeal
and that he may, on his own, pursue discretionary review in the Court of Criminal
Appeals. See Ex parte Wilson, 956 S.W.2d 25, 27 (Tex. Crim. App. 1997).
3