Opinion issued January 14, 2014.
In The
Court of Appeals
For The
First District of Texas
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NO. 01-13-00207-CR
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HELTON MANUEL BARAHONA, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 228th District Court
Harris County, Texas
Trial Court Case No. 1346283
MEMORANDUM OPINION
Appellant, Helton Manuel Barahona, pleaded guilty, without an agreed
recommendation, to the felony offense of aggravated robbery. The trial court
found appellant guilty and assessed punishment at 12 years’ confinement. The trial
court certified that appellant has the right to appeal. Appellant timely filed a notice
of appeal.
Appellant’s appointed counsel on appeal 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 that he 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 informed us that he has delivered a copy of the brief to
appellant and informed him of his right to examine the appellate record and to file
a response. See In re Schulman, 252 S.W.3d 403, 408 (Tex. Crim. App. 2008).
Appellant has filed a pro se response in which he argues that his attorney promised
that he would be sentenced to community supervision, that the prosecutor used
information that he offered while recovering from anesthesia, and that
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“modifications of [his] statement of what truly [occurred] the night of the crime
could have resulted in an [inappropriate] sentencing.” Appellant does not identify
anything in the record supporting these contentions, nor does he identify the
information, statement, or alleged modifications to a statement to which he refers.
Furthermore, he signed a judicial confession and does not argue that he did so
involuntarily or while incapacitated. We note that he also acknowledged a judicial
admonition that he might receive any sentence of confinement within the
statutorily permitted range.
We have independently reviewed the entire record in this appeal, and we
conclude that no reversible error exists in the record, that there are no arguable
grounds for review, and that therefore the appeal is frivolous. See Anders, 386
U.S. at 744, 87 S. Ct. at 1400 (emphasizing that reviewing court—and 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 (reviewing court determines whether arguable
grounds exist by reviewing entire record). An appellant may challenge a 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.
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We affirm the judgment of the trial court and grant counsel’s motions to
withdraw. 1 Attorney Franklin Bynum 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).
1
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 Texas Court of
Criminal Appeals. See Ex Parte Wilson, 956 S.W.2d 25, 27 (Tex. Crim. App.
1997).
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