Armando Madrid v. State ( 2019 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§
ARMANDO MADRID, No. 08-18-00063-CR
§
Appellant, Appeal from the
§
v. 109th District Court
§
THE STATE OF TEXAS, of Andrews County, Texas
§
Appellee. (TC# 4716)
§
MEMORANDUM OPINION
Armando Madrid appeals the trial court’s order denying his motion to set aside his
conviction of sexual assault of a child based on post-conviction DNA testing. Appellant was
convicted of sexual assault of a child by sexual contact in 2007 and sentenced to serve twenty-five
years in TDCJ-ID. The trial court later granted Appellant’s motion for DNA testing of certain
items of the child victim’s clothing. A semen stain was found on the victim’s panties, but none
was found on the victim’s bra and a shirt. Appellant was identified to a reasonable degree of
scientific certainty as the source of the DNA profile from the sperm fraction of the semen stain.
Additionally, a mixture of DNA was found on the victim’s pants, and Appellant was the lone
contributor of the DNA profile from the sperm fraction. Following a hearing, the trial court entered
an order finding that had the results of the DNA testing been available during the trial of the
offense, it would not have reasonably affected the probability of Appellant not being convicted.
See TEX.CODE CRIM.PROC.ANN. art. 64.04 (“After examining the results of testing under Article
64.03 and any comparison of a DNA profile under Article 64.035, the convicting court shall hold
a hearing and make a finding as to whether, had the results been available during the trial of the
offense, it is reasonably probable that the person would not have been convicted.”). We affirm.
FRIVOLOUS APPEAL
Appellant’s court-appointed counsel has filed a brief in which he has concluded that the
appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v.
California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967), by presenting a professional
evaluation of the record demonstrating why, in effect, there are no arguable grounds to be
advanced. See In re Schulman, 252 S.W.3d 403, 407 n.9 (Tex.Crim.App. 2008)(“In Texas, an
Anders brief need not specifically advance ‘arguable’ points of error if counsel finds none, but it
must provide record references to the facts and procedural history and set out pertinent legal
authorities.”); High v. State, 573 S.W.2d 807 (Tex.Crim.App. 1978). Counsel has notified the
Court in writing that he has delivered a copy of counsel’s brief and the motion to withdraw to
Appellant, and he has advised Appellant of his right to review the record, file a pro se brief, and
to seek discretionary review. Kelly v. State, 436 S.W.3d 313, 318-20 (Tex.Crim.App.
2014)(setting forth duties of counsel). Counsel provided a copy of the clerk’s record and reporter’s
record to Appellant. Appellant has not filed a pro se brief.
After carefully reviewing the record and counsel’s brief, we conclude that the appeal is
wholly frivolous and without merit. Further, we find nothing in the record that might arguably
support the appeal. The judgment of the trial court is affirmed.
-2-
GINA M. PALAFOX, Justice
January 30, 2019
Before McClure, C.J., Rodriguez, and Palafox, JJ.
(Do Not Publish)
-3-