Document Info

DocketNumber: 05-18-01076-CR

Filed Date: 10/22/2019

Status: Precedential

Modified Date: 10/24/2019

  • Affirmed and Opinion Filed October 22, 2019
    In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-18-01076-CR
    JASON KYLE REMBERT, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from the Criminal District Court No. 1
    Dallas County, Texas
    Trial Court Cause No. F-1321209-H
    MEMORANDUM OPINION
    Before Justices Bridges, Molberg, and Partida-Kipness
    Opinion by Justice Partida-Kipness
    Appellant Jason Kyle Rembert was indicted on one charge of aggravated sexual assault of
    child under fourteen. Appellant waived a jury trial and proceeded to trial before the court. The
    trial court convicted appellant of aggravated sexual assault of a child and assessed punishment at
    five years’ imprisonment. On appeal, appellant’s attorney filed a brief in which she concludes the
    appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v.
    California, 
    386 U.S. 738
    (1967). The brief presents a professional evaluation of the record
    showing why, in effect, there are no arguable grounds to advance. See High v. State, 
    573 S.W.2d 807
    , 812 (Tex. Crim. App. [Panel Op.] 1978) (determining whether brief meets requirements of
    Anders). Counsel delivered a copy of the brief to appellant. We advised appellant of his right to
    file a pro se response, but he did not file a pro se response. See Kelly v. State, 
    436 S.W.3d 313
    ,
    319–21 (Tex. Crim. App. 2014) (noting appellant has right to file pro se response to Anders brief
    filed by counsel).
    We have reviewed the record and counsel’s brief. See Bledsoe v. State, 
    178 S.W.3d 824
    ,
    826–27 (Tex. Crim. App. 2005) (explaining appellate court’s duty in Anders cases). We agree the
    appeal is frivolous and without merit. We find nothing in the record that might arguably support
    the appeal.
    We affirm the trial court’s judgment.
    /Robbie Partida-Kipness/
    ROBBIE PARTIDA-KIPNESS
    JUSTICE
    Do Not Publish
    TEX. R. APP. P. 47.2(b)
    181076F.U05
    –2–
    Court of Appeals
    Fifth District of Texas at Dallas
    JUDGMENT
    JASON KYLE REMBERT, Appellant                     On Appeal from the Criminal District Court
    No. 1, Dallas County, Texas
    No. 05-18-01076-CR         V.                     Trial Court Cause No. F-1321209-H.
    Opinion delivered by Justice Partida-
    THE STATE OF TEXAS, Appellee                      Kipness. Justices Bridges and Molberg
    participating.
    Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED.
    It is ORDERED that appellee THE STATE OF TEXAS recover its costs of this appeal
    from appellant JASON KYLE REMBERT.
    Judgment entered this 22nd day of October, 2019.
    –3–