Oscar Ponce-Perez v. State ( 2009 )

Opinion issued December 3, 2009

In The

Court of Appeals

For The

First District of Texas  

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NO. 01-08-00826-CR

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OSCAR PONCE-PEREZ, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 174th District Court

Harris County, Texas

Trial Court Cause No. 1169184

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MEMORANDUM OPINION

          Appellant, Oscar Ponce-Perez, pleaded guilty to the offense of aggravated assault against a public servant. After a pre-sentence investigation hearing, the trial court assessed punishment at confinement for 60 years. We affirm.

          Appellant’s counsel on appeal has filed a brief stating that the record presents no reversible error, that the appeal is without merit and is frivolous, and that the appeal must be dismissed or affirmed. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, (1967). The brief meets the requirements of Anders by presenting a professional evaluation of the record and detailing why there are no arguable grounds for reversal. Id. at 744, 87 S. Ct. at 1400; see also High v. State, 573 S.W.2d 807, 810 (Tex. Crim. App. 1978).

          Counsel represents that he has 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. Having reviewed the record and counsel’s brief, we agree that the appeal is frivolous and without merit and that there is no reversible error. See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005).

          We affirm the judgment of the trial court and grant counsel’s motion to withdraw. Attorney J. Sidney Crowley must immediately send the notice required by Texas Rule of Appellate Procedure 6.5(c) and file a copy of that notice with the Clerk of this Court.

          We deny as moot any pending motions.

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Bland and Massengale. Do not publish. Tex. R. App. P. 47.2(b).