Jesse Dominguez Hernandez v. State ( 2005 )

NO. 07-04-0507-CR
NO. 07-04-0508-CR
NO. 07-04-0509-CR
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
MAY 18, 2005
______________________________
JESSE DOMINGUEZ HERNANDEZ,
Appellant
v.
THE STATE OF TEXAS,
Appellee
_________________________________
FROM THE 242ND DISTRICT COURT OF HALE COUNTY;
NOS. B-15,449-0403 & B-15,450-0403; HON. ED SELF, PRESIDING
_______________________________
Memorandum Opinion
_______________________________
Before QUINN, REAVIS and CAMPBELL, JJ.
Jesse Dominguez Hernandez (appellant) appeals his convictions for aggravated
sexual assault of a child (Cause no. B-15450-0403) and two counts of indecency with a
child (Cause no. B-15449-0403, counts II and III). He pled not guilty, and the cause was
tried to a jury. The latter found him guilty of the charges and assessed punishment at 20
years imprisonment for the aggravated sexual assault and five years imprisonment for the
indecency offenses. Appellant timely appealed the decision and received appointed
counsel.
Appellant's counsel moved to withdraw, after filing a brief pursuant to Anders v.
California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967) and representing that he
searched the record and found no arguable grounds for reversal. The record illustrates that
counsel notified appellant of his right to review the appellate record and file his own brief
or response. We also informed appellant that any response he cared to file had to be filed
by April 28, 2005. To date, appellant has neither filed a pro se response nor moved for an
extension of the April 28th deadline.
The sole ground raised by counsel involved the legal and factual sufficiency of the
evidence. And, in addressing it, counsel explained why the evidence was sufficient to
satisfy both standards. We too reviewed the evidence of record and found it to be both
legally and factually sufficient to support the convictions. Our independent review of the
appellate record also failed to uncover any other type of arguably reversible error. See
Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991) (requiring us to conduct an
independent review).
Accordingly, we grant the motion to withdraw and affirm the judgment of the trial
court viz cause numbers B-15,450-0403 and B-15,449-0403, counts II and III.
Brian Quinn
Justice
Do not publish.
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