Juan Gonzales v. State ( 2005 )


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  •       TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
    NO. 03-05-00265-CR
    Juan Gonzales, Appellant
    v.
    The State of Texas, Appellee
    FROM THE DISTRICT COURT OF TRAVIS COUNTY, 299TH JUDICIAL DISTRICT
    NO. D-1-DC-2004-201033, HONORABLE JON N. WISSER, JUDGE PRESIDING
    MEMORANDUM OPINION
    Appellant Juan Gonzales pleaded guilty to sexually assaulting a child. See Tex. Pen.
    Code Ann. § 22.011(a)(2)(A) (West Supp. 2005). After hearing testimony relevant to sentencing,
    the court assessed punishment at nine years’ imprisonment.
    Appellant’s court-appointed attorney filed a brief concluding that the appeal is
    frivolous and without merit. The brief meets the requirements of Anders v. California, 
    386 U.S. 738
    (1967), by presenting a professional evaluation of the record demonstrating why there are no
    arguable grounds to be advanced. See also Penson v. Ohio, 
    488 U.S. 75
    (1988); High v. State, 
    573 S.W.2d 807
    (Tex. Crim. App. 1978); Currie v. State, 
    516 S.W.2d 684
    (Tex. Crim. App. 1974);
    Jackson v. State, 
    485 S.W.2d 553
    (Tex. Crim. App. 1972); Gainous v. State, 
    436 S.W.2d 137
    (Tex.
    Crim. App. 1969). Appellant received a copy of counsel’s brief and was advised of his right to
    examine the appellate record and to file a pro se brief. No pro se brief has been filed.
    We have reviewed the record and counsel’s brief and agree that the appeal is frivolous
    and without merit. We find nothing in the record that might arguably support the appeal. Counsel’s
    motion to withdraw is granted.
    The judgment of conviction is affirmed.
    ___________________________________________
    Bob Pemberton, Justice
    Before Chief Justice Law, Justices Pemberton and Waldrop
    Affirmed
    Filed: December 15, 2005
    Do Not Publish
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