In The
Court of Appeals
Seventh District of Texas at Amarillo
________________________
No. 07-12-0309-CR
________________________
KHALIQ MEHMOOD, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 368th District Court
Williamson County, Texas
Trial Court No. 11-945-K368, Honorable Burt Carnes, Presiding
March 19, 2013
MEMORANDUM OPINION
Before Quinn, C.J., and Hancock and Pirtle, JJ.
Appellant, Khaliq Mehmood, was convicted of burglary of a habitation with intent
to commit a felony, sexual assault. 1 Appellant was thereafter sentenced to 30 years
confinement in the Institutional Division of the Texas Department of Criminal Justice.
Appellant has appealed the trial court’s judgment. We affirm.
1
See TEX. PENAL CODE ANN. § 30.02(a)(1) (West 2011).
Appellant’s attorney has filed an Anders brief and a motion to withdraw. Anders
v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed. 2d 498 (1967). In support of his
motion to withdraw, counsel certifies that he has diligently reviewed the record, and in
his opinion, the record reflects no reversible error upon which an appeal can be
predicated. Id. at 744-45. In compliance with High v. State, 573 S.W.2d 807, 813
(Tex.Crim.App. [Panel Op.] 1978), counsel has candidly discussed why, under the
controlling authorities, there is no error in the trial court’s judgment. Additionally,
counsel has certified that he has provided appellant a copy of the Anders brief and
motion to withdraw and appropriately advised appellant of his right to file a pro se
response in this matter. Stafford v. State, 813 S.W.2d 503, 510 (Tex.Crim.App. 1991)
(en banc). The Court has also advised appellant of his right to file a pro se response.
Appellant has filed a response.
By his Anders brief, counsel reviewed all grounds that could possibly support an
appeal, but concludes the appeal is frivolous. We have reviewed these grounds and
made an independent review of the entire record to determine whether there are any
arguable grounds which might support an appeal. See Penson v. Ohio, 488 U.S. 75,
109 S.Ct. 346, 102 L.Ed.2d 300 (1988); Bledsoe v. State, 178 S.W.3d 824
(Tex.Crim.App. 2005). We have found no such arguable grounds and agree with
counsel that the appeal is frivolous.
Appellant’s pro se response to his attorney’s Anders brief may be characterized
as complaining of 1) general unfairness based upon his ethnic background and religion,
2) failure to have a fluent translator from English to Urdu, appellant’s native language,
and 3) a challenge to the jury’s determination to believe the State’s version of the
2
evidence rather than his testimony. We have reviewed each of appellant’s complaints
for support in the record and find that there is no support for the complaints. As to the
issue of general unfairness, the record reveals that the subjects of appellant’s ethnic
background and religion were simply mentioned in passing, and there was no effort on
the part of the State to emphasize these issues, nor were any objections made in the
trial court based upon this assertion. As such, nothing in the record supports
appellant’s contention, nor is the same preserved for review. See TEX. R. APP. P.
33.1(a)(1). At no time during the trial did appellant ever object that he could not
understand the proceeding due to having an incompetent translator who was not fluent
in appellant’s native language. Therefore, appellant’s complaint is not preserved for
appeal. See id. Regarding the jury’s decision to convict appellant despite conflicting
evidence, it is the duty of the jury to resolve conflicts in the evidence and we, the
reviewing court, will not second guess their decision. See Ex parte Flores, 387 S.W.3d
626, 2012 Tex. Crim. App. LEXIS 1603, at *35 (Tex.Crim.App. Dec. 5, 2012).
Accordingly, counsel’s motion to withdraw is hereby granted, and the trial court’s
judgment is affirmed. 2
Mackey K. Hancock
Justice
Do not publish.
2
Counsel shall, within five days after this opinion is handed down, send his client
a copy of the opinion and judgment, along with notification of appellant=s right to file a
pro se petition for discretionary review. See TEX. R. APP. P. 48.4.
3