eLaws | Code of Federal Regulations | United States Code |
 All Courts
 State Courts
 Court of Appeals of Texas
 2005-02

Julian Roger Torres v. State ( 2005 )


Menu:

  • Opinion issued February 3, 2005












    In The

    Court of Appeals

    For The  

    First District of Texas

    ____________


    NO. 01-04-00781-CR

    ____________


    JULIAN ROGER TORRES, Appellant  


    V.


    THE STATE OF TEXAS, Appellee




    On Appeal from the 212th District Court

    Galveston County, Texas

    Trial Court Cause No. 01CR0347



     

    MEMORANDUM OPINION  

                   Appellant, Julian Roger Torres, pleaded guilty to aggravated sexual assault. In accordance with a plea bargain agreement, the trial court deferred adjudication of guilt and placed appellant on community supervision for 10 years. The State subsequently filed a motion to adjudicate guilt. Appellant agreed to the State’s plea offer of 25 years’ confinement and pleaded true to some allegations in the State’s motion and not true to others. The trial court found all the allegations in the State’s motion to be true, found appellant guilty of aggravated sexual assault, and sentenced appellant to confinement for 25 years. We affirm.

                   Appellant’s court-appointed counsel filed a motion to withdraw as counsel and a brief concluding that this appeal is without merit. Counsel’s 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 that demonstrates the lack of arguable grounds of error. 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).

                   Counsel represents that he served a copy of the brief on appellant. Counsel also advised appellant 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 without merit.

                   We therefore 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 Justices Taft, Keyes, and Hanks.

    Do not publish.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