Curcy Andrew Rideau v. State ( 2015 )


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  • Opinion issued March 24, 2015
    In The
    Court of Appeals
    For The
    First District of Texas
    ————————————
    NO. 01-14-00355-CR
    ———————————
    CURCY ANDREW RIDEAU, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from the 182nd District Court
    Harris County, Texas
    Trial Court Case No. 1360915
    MEMORANDUM OPINION
    Appellant, Curcy Andrew Rideau, pleaded guilty to the offense of murder
    without an agreed recommendation as to punishment from the State.             An
    enhancement paragraph was added to the indictment because Rideau was
    previously convicted of the felony offense of aggravated robbery. The trial court
    ordered a pre-sentence investigation.     At the conclusion of the pre-sentence
    investigation, a hearing was held on April 24, 2014 during which the trial court
    found appellant guilty and sentenced him to confinement for 45 years.
    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 she 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 record contains no
    arguable issues for appeal. See Bledsoe v. State, 
    178 S.W.3d 824
    , 826–27 (Tex.
    Crim. App. 2005).
    2
    We affirm the judgment of the trial court and grant counsel’s motion to
    withdraw.1 Attorney Patti Sedita 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 Justices Jennings, Higley, and Huddle.
    Do not publish. TEX. R. APP. P. 47.2(b).
    1
    Appointed counsel still has a duty to inform appellant of the result of this appeal
    and that he may, on his own, pursue discretionary review in the Texas Court of
    Criminal Appeals. See Bledsoe v. State, 
    178 S.W.3d 824
    , 826-27 (Tex. Crim.
    App. 2005).
    3
    

Document Info

Docket Number: 01-14-00355-CR

Filed Date: 3/24/2015

Precedential Status: Precedential

Modified Date: 10/16/2015