Jaime Torres v. State ( 2008 )


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  • Opinion issued May 29, 2008    

















    In The

    Court of Appeals

    For The

    First District of Texas

    ____________



    NOS. 01-07-00629-CR

    01-07-00630-CR

    01-07-00631-CR

    ____________



    JAIME TORRES, Appellant



    V.



    THE STATE OF TEXAS, Appellee




    On Appeal from the 339th District Court

    Harris County, Texas

    Trial Court Cause Nos. 1082339, 1085246, 1085245




    MEMORANDUM OPINION  

    Appellant, Jaime Torres, pleaded guilty to aggravated kidnapping, (1) aggravated robbery, (2) and credit card abuse. (3) After a presentence investigation, the trial court assessed punishment at 35 years' confinement on the aggravated kidnapping and aggravated robbery charges and 2 years' confinement on the credit card abuse charge. We affirm.

    Appellant's court-appointed counsel filed a motion to withdraw as counsel and a brief concluding that this appeal is without merit. Counsel's brief meets the requirements of Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967), by presenting a professional evaluation of the record that demonstrates the lack of arguable grounds of error. See High v. State, 573 S.W.2d 807, 811 (Tex. Crim. App. 1978); Moore v. State, 845 S.W.2d 352, 353 (Tex. App.--Houston [1st Dist.] 1992, pet. ref'd).

    Counsel represents that he served a copy of the brief on appellant. Counsel also advised appellant of his right to examine the appellate record and file a pro se brief. See Stafford v. State, 813 S.W.2d 503, 510 (Tex. Crim. App. 1991). More than 30 days have passed, and appellant has not filed a pro se brief. We have carefully reviewed the record and counsel's brief. We find no arguable grounds of error and agree that the appeal is without merit.

    We, therefore, affirm the judgment of the trial court.

    We grant counsel's motion to withdraw. (4) See Stephens v. State, 35 S.W.3d 770, 771 (Tex. App.--Houston [1st Dist.] 2000, no pet.).

    PER CURIAM

    Panel consists of Chief Justice Radack and Justices Keyes and Higley.

    Do not publish. Tex. R. App. P. 47.2(b).

    1.

    Trial court cause number 1085245 and appellate cause number 01-07-00630-CR.

    2.

    Trial court cause number 1085246 and appellate cause number 01-07-00631-CR.

    3.

    Trial court cause number 1082339 and appellate cause number 01-07-00629-CR.

    4.

    Counsel has a duty to inform appellant of the result of his appeal and also to inform him 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).