Juan Andre Marin v. State

Affirm and Opinion Filed July 31, 2013 In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01644-CR JUAN ANDRE MARIN, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 1 Dallas County, Texas Trial Court Cause No. F11-57217-H MEMORANDUM OPINION Before Justices Moseley, Bridges, and Lang-Miers Opinion by Justice Bridges Juan Andre Marin waived a jury and pleaded guilty to sexual assault. See TEX. PENAL CODE ANN. § 22.011(a) (West 2011). The trial court assessed punishment at ten years’ imprisonment. On appeal, appellant’s attorney 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 (1967). The brief presents a professional evaluation of the record showing why, in effect, there are no arguable grounds to advance. See High v. State, 573 S.W.2d 807, 811 (Tex. Crim. App. [Panel Op.] 1978). Counsel delivered a copy of the brief to appellant. We advised appellant of his right to file a pro se response, but he did not file a pro se response. We have reviewed the record and counsel’s brief. See Bledsoe v. State, 178 S.W.3d 824, 827 (Tex. Crim. App. 2005) (explaining appellate court’s duty in Anders cases). We agree the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal. We affirm the trial court’s judgment. Do Not Publish TEX. R. APP. P. 47 121644F.U05 /David L. Bridges/ DAVID L. BRIDGES JUSTICE ‐2‐    Court of Appeals Fifth District of Texas at Dallas JUDGMENT JUAN ANDRE MARIN, Appellant Appeal from the Criminal District Court No. 1 of Dallas County, Texas (Tr.Ct.No. No. 05-12-01644-CR V. F11-57217-H). Opinion delivered by Justice Bridges, THE STATE OF TEXAS, Appellee Justices Moseley and Lang-Miers participating. Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED. Judgment entered July 31, 2013           /David L. Bridges/ DAVID L. BRIDGES   JUSTICE       ‐3‐