Lockhart, Charles Wayne v. State ( 2002 )

Opinion issued August 29, 2002

In The

Court of Appeals

For The

First District of Texas

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NO. 01-01-00711-CR

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CHARLES WAYNE LOCKHART, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 344th District Court

Chambers County, Texas

Trial Court Cause No. 344-11506

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O P I N I O N

Appellant, Charles Wayne Lockhart, pleaded guilty, without an agreed recommendation as to punishment, to aggravated sexual assault. After a pre-sentence investigation was completed, the trial court assessed punishment at 60 years confinement.

Counsel has filed a brief stating his opinion that the appeal is frivolous. The brief meets the minimum requirements of Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967), by presenting a professional evaluation of the record and stating why there are no arguable grounds of error on appeal. See Gainous v. State, 436 S.W.2d 137, 138 (Tex. Crim. App. 1969).

Counsel certifies that the brief was delivered to appellant, and he was advised he had a right to file a pro se response. This Court granted appellant's motion for an extension to file a pro se response. The 45-day extension has elapsed, however, and appellant has not filed a pro se response. We have reviewed the record and counsel's brief. We hold there are no arguable grounds for appeal.

We affirm the judgment.

Counsel has a duty to inform appellant of the result of this appeal, and also to inform appellant that he may, on his own, pursue discretionary review in the Court of Criminal Appeals. See Ex parte Wilson, 956 S.W.2d 25, 27 (Tex. Crim. App. 1997).

PER CURIAM

Panel consists of Chief Justice Schneider and Justices Hedges and Jennings.

Do not publish. Tex. R. App. P. 47.