Ray Garcia Reyes v. State of Texas

Affirmed; Opinion Filed July 21, 2017. In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-00927-CR RAY GARCIA REYES, Appellant V. STATE OF TEXAS, Appellee On Appeal from the 291st Judicial District Court Dallas County, Texas Trial Court Cause No. F14-76308-U MEMORANDUM OPINION Before Justices Lang, Myers, and Stoddart Opinion by Justice Lang A jury convicted Ray Garcia Reyes of sexual assault of a child and assessed punishment at nine years’ imprisonment and a $5,000 fine. On appeal, appellant’s attorney filed a brief in which she 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, 811–12 (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. See Kelly v. State, 436 S.W.3d 313, 319–21 (Tex. Crim. App. 2014) (noting appellant has right to file pro se response to Anders brief filed by counsel). We have reviewed the record and counsel’s brief. See Bledsoe v. State, 178 S.W.3d 824, 826–27 (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. /Douglas S. Lang/ DOUGLAS S. LANG JUSTICE Do Not Publish TEX. R. APP. P. 47 160927F.U05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT RAY GARCIA REYES, Appellant On Appeal from the 291st Judicial District Court, Dallas County, Texas No. 05-16-00927-CR V. Trial Court Cause No. F14-76308-U. Opinion delivered by Justice Lang. Justices STATE OF TEXAS, Appellee Myers and Stoddart participating. Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED. Judgment entered this 21st day of July, 2017. –3–