Alonzo Moses Botello v. State

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-07-00680-CR

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Alonzo Moses Botello, Appellant

v.

The State of Texas, Appellee

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FROM THE DISTRICT COURT OF LAMPASAS COUNTY, 27TH JUDICIAL DISTRICT

NO. 7964, HONORABLE JOE CARROLL, JUDGE PRESIDING

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M E M O R A N D U M O P I N I O N

                        Appellant Alonzo Moses Botello’s court-appointed attorney filed a brief concluding that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (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, 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). Botello 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. Botello filed a written response with this Court on June 6, 2008, which we have considered as a pro se brief.  

                        We have reviewed the record, counsel’s brief, and Botello’s written response and we agree that the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). Counsel’s motion to withdraw is granted.

                        The judgment of conviction is affirmed.

                                                                        ___________________________________________                                                                        Diane M. Henson, Justice

Before Justices Patterson, Puryear and Henson

Affirmed

Filed: July 2, 2008

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