Victor Cruz Martinez v. State ( 2009 )

Opinion issued November 3, 2009

In The

Court of Appeals

For The  

First District of Texas

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NO. 01-07-01058-CR

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VICTOR CRUZ MARTINEZ, Appellant  

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 178th District Court

Harris County, Texas

Trial Court Cause No. 1080426

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MEMORANDUM OPINION ON REHEARING  

          Pending before the Court is appellant’s motion for rehearing. We grant the motion for rehearing, withdraw the original opinion issued on October 23, 2008, and and substitute this opinion for the one we previously issued.

          Appellant, Victor Cruz Martinez, without an agreed punishment recommendation from the State, pleaded guilty to the offense of aggravated sexual assault. The trial court ordered a presentence investigation and rescheduled the case. After a presentence investigation hearing, the trial court sentenced appellant to confinement for 24 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 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.

PER CURIAM

Panel consists of Chief Justice Radack, and Justices Higley and Sharp.

Do not publish.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