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Jesus Carvajal v. State ( 2010 )


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  •       TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-10-00306-CR
Jesus Carvajal, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 331ST JUDICIAL DISTRICT
NO. 1011076, HONORABLE BOB PERKINS, JUDGE PRESIDING
MEMORANDUM OPINION
In 2002, a jury found appellant Jesus Carvajal guilty of indecency with a child by
contact and assessed punishment at ten years’ imprisonment. On the jury’s recommendation, the
trial court suspended imposition of sentence and placed appellant on community supervision.1 This
is an appeal from a 2010 order revoking supervision and imposing sentence.
Appellant’s court-appointed attorney has filed a motion to withdraw supported by a
brief concluding that the appeal is frivolous and without merit. The brief meets the requirements of
Anders v. California,
    386 U.S. 738
    , 744 (1967), by presenting a professional evaluation of the
record demonstrating why there are no arguable grounds to be advanced. See also Penson v. Ohio,
    488 U.S. 75 
    (1988); High v. State,
    573 S.W.2d 807 
    (Tex. Crim. App. 1978); Currie v. State,
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The conviction was affirmed on appeal. Carvajal v. State, 03-02-00752-CR (Tex.
App.—Austin Oct. 14, 2004, no pet.) (not designated for publication).
    516 S.W.2d 684 
    (Tex. Crim. App. 1974); Jackson v. State,
    485 S.W.2d 553 
    (Tex. Crim. App. 1972);
Gainous v. State,
    436 S.W.2d 137 
    (Tex. Crim. App. 1969). Appellant received a copy of counsel’s
brief and was advised of his right to examine the appellate record and to file a pro se brief. See
    Anders, 386 U.S. at 744
    . No pro se brief has been filed.
We have reviewed the record and find no reversible error. See Garner v. State,
    300 S.W.3d 763
    , 766 (Tex. Crim. App. 2009); Bledsoe v. State,
    178 S.W.3d 824
    , 826-27 (Tex. Crim.
App. 2005). We agree with counsel that the appeal is frivolous. Counsel’s motion to withdraw
is granted.
The order revoking community supervision is affirmed.
J. Woodfin Jones, Chief Justice
Before Chief Justice Jones, Justices Puryear and Pemberton
Affirmed
Filed: October 14, 2010
Do Not Publish
2