Juan Gonzales v. State ( 2005 )


Menu:
  • 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





    M E M O R A N D U M O P I N I O N

     

    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    Do Not Publish