In The
Court of Appeals
Ninth District of Texas at Beaumont
__________________
NO. 09-19-00033-CR
__________________
ANGELO HERNANDEZ, Appellant
V.
THE STATE OF TEXAS, Appellee
__________________________________________________________________
On Appeal from the County Court
San Jacinto County, Texas
Trial Cause No. 2017-84
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MEMORANDUM OPINION
Angelo Hernandez appeals his conviction for resisting arrest, a Class A
misdemeanor.1 Hernandez’s court-appointed appellate counsel filed an Anders brief,
in which she contends no arguable grounds can be advanced to support Hernandez’s
1
See Tex. Penal Code Ann. § 38.03.
1
appeal. 2 In the brief, counsel presents her professional evaluation of the record, and
she explains why no arguable issues can be raised to support Hernandez’s appeal.3
Subsequently, we granted an extension of time to allow Hernandez to file a
pro se response. But he did not do so.
After reviewing the appellate record and the Anders brief filed by counsel, we
agree with counsel’s conclusion that Hernandez cannot raise any arguable issues to
support the appeal. We also conclude Hernandez’s appeal is frivolous. For these
reasons, we need not appoint new counsel to re-brief the appeal.4
The trial court’s judgment is affirmed. 5
AFFIRMED.
_________________________
HOLLIS HORTON
Justice
2
See Anders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d
807 (Tex. Crim. App. 1978).
3
See id.
4
Cf. Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991) (requiring
court appointment of other counsel only if it is determined that arguable grounds
exist to support the appeal).
5
Hernandez may challenge our decision in the case by filing a petition for
discretionary review. See Tex. R. App. P. 68.
2
Submitted on October 15, 2019
Opinion Delivered March 18, 2020
Do Not Publish
Before Kreger, Horton and Johnson, JJ.
3