Gloria Ramirez v. State

NO.  07-09-0194-CR

 

IN THE COURT OF APPEALS

 

FOR THE SEVENTH DISTRICT OF TEXAS

 

AT AMARILLO

 

PANEL B

 

FEBRUARY 24, 2010

__________________________

 

GLORIA RAMIREZ, APPELLANT

 

V.

 

THE STATE OF TEXAS, APPELLEE

__________________________

 

FROM THE 137TH  DISTRICT COURT OF LUBBOCK COUNTY;

 

NO. 2009-422,964; HONORABLE CECIL G. PURYEAR, JUDGE

___________________________

 

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

 

 

MEMORANDUM OPINION

 

 

Appellant, Gloria Ramirez, was convicted of one count of injury to a child, 14 years of age or younger,[1] and six counts of endangering a child.[2]  The jury sentenced appellant to a term of confinement of ten years in the Institutional Division of the Texas Department of Criminal Justice and a fine of $10,000 on the injury to a child conviction.  The jury sentenced appellant to two years in a State Jail Facility and a fine of $2,000 on each of the child endangering charges.  All sentences were to be served concurrently.  Appellant has appealed the judgments of conviction.  We affirm.

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. 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).  The court has also advised appellant of his right to file a pro se response.  Appellant has not filed a response.

By his Anders brief, counsel raises 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.

Accordingly, counsel=s motion to withdraw is hereby granted and the trial court=s judgment is affirmed.[3]

 

                                                                                                Mackey K. Hancock

                                                                                                            Justice

 

Do not publish. 



[1] See Tex. Penal Code Ann. § 22.04(a)(3) (Vernon 2005).

 

[2] See Tex. Penal Code Ann. § 22.041(c) (Vernon 2005)

[3] 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.