David J. Vallejo v. State ( 2003 )

Opinion issued October 2, 2003

In The

Court of Appeals

For The  

First District of Texas

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NO. 01-03-00010-CR

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DAVID J. VALLEJO, Appellant  

V.

THE STATE OF TEXAS, Appellee

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On Appeal from County Criminal Court at Law No. 15

Harris County, Texas

Trial Court Cause No. 1108107

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MEMORANDUM OPINION  

               Appellant, David J. Vallejo, was convicted by a jury of criminal trespass, and the court assessed punishment at 180 days in jail and a fine of $2000. We affirm.

               Appellant’s court-appointed counsel filed a motion to withdraw as counsel and a brief concluding that the appeal is wholly frivolous and without merit. The brief meets the 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 demonstrating why there are no arguable grounds of error to be advanced. See High v. State, 573 S.W.2d 807, 811 (Tex. Crim. App. 1978); Moore v. State, 845 S.W.2d 352, 353 (Tex. App.—Houston [1st Dist.] 1992, pet. ref’d).

               The brief states that a copy was delivered to appellant, whom counsel advised by letter of his right to examine the appellate record and file a pro se brief. See Stafford v. State, 813 S.W.2d 503, 510 (Tex. Crim. App. 1991). More than 30 days have passed, and appellant has not filed a pro se brief. We have carefully reviewed the record and counsel’s brief. We find no reversible error in the record, and agree that the appeal is wholly frivolous.

               We affirm the judgment of the trial court.

               We grant counsel’s motion to withdraw. See Stephens v. State, 35 S.W.3d 770, 771 (Tex. App.—Houston [1st Dist.] 2000, no pet.).

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Keyes and Alcala.

Do not publish. Tex. R. App. P. 47.2(b).