Angelo Hernandez v. State
Opinion
In The
Court of Appeals
Ninth District of Texas at Beaumont
NO. 09-19-00033-CR
ANGELO HERNANDEZ, Appellant V.
THE STATE OF TEXAS, Appellee
On Appeal from the County Court San Jacinto County, Texas Trial Cause No. 2017-84
MEMORANDUM OPINION
Angelo Hernandez appeals his conviction for resisting arrest, a Class A misdemeanor.1 Hernandez’s court-appointed appellate counsel filed an Anders brief, in which she contends no arguable grounds can be advanced to support Hernandez’s
1 See Tex. Penal Code Ann. § 38.03.
appeal. 2 In the brief, counsel presents her professional evaluation of the record, and she explains why no arguable issues can be raised to support Hernandez’s appeal.3 Subsequently, we granted an extension of time to allow Hernandez to file a pro se response. But he did not do so.
After reviewing the appellate record and the Anders brief filed by counsel, we agree with counsel’s conclusion that Hernandez cannot raise any arguable issues to support the appeal. We also conclude Hernandez’s appeal is frivolous. For these reasons, we need not appoint new counsel to re-brief the appeal.4 The trial court’s judgment is affirmed. 5 AFFIRMED.
HOLLIS HORTON
Justice
2 See Anders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978).
3 See id.
4 Cf. Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991) (requiring court appointment of other counsel only if it is determined that arguable grounds exist to support the appeal).
5 Hernandez may challenge our decision in the case by filing a petition for discretionary review. See Tex. R. App. P. 68.
Submitted on October 15, 2019 Opinion Delivered March 18, 2020 Do Not Publish
Before Kreger, Horton and Johnson, JJ.
Free access — add to your briefcase to read the full text and ask questions with AI
Angelo Hernandez v. State (Angelo Hernandez v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.