Irene Mendez Palomo v. State ( 2006 )


Menu:
  •       TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
    NO. 03-04-00702-CR
    Irene Mendez Palomo, Appellant
    v.
    The State of Texas, Appellee
    FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 277TH JUDICIAL DISTRICT
    NO. 04-356-K277, HONORABLE KEN ANDERSON, JUDGE PRESIDING
    MEMORANDUM OPINION
    A jury convicted appellant Irene Mendez Palomo of two counts of aggravated sexual
    assault of a child, for which it imposed prison terms of thirty-five and sixty-nine years. See Tex.
    Pen. Code Ann. § 22.021 (West Supp. 2005). The jury also imposed a $10,000 fine for each count.
    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 her right to
    examine the appellate record and to file a written response to counsel’s brief. She did so in the form
    of a letter to the Court.
    We have reviewed the record, counsel’s brief, and appellant’s written response. We
    agree with counsel that the appeal is frivolous. We find nothing in the record that might arguably
    support the appeal. See Bledsoe v. State, No. PD-300-04, 2005 Tex. Crim. App. LEXIS 1969, at *7-
    8 (Tex. Crim. App. Nov. 16, 2005). Counsel’s motion to withdraw is granted.
    The judgment of conviction is affirmed.
    __________________________________________
    Bea Ann Smith, Justice
    Before Justices B. A. Smith, Patterson and Puryear
    Affirmed
    Filed: February 16, 2006
    Do Not Publish
    2