Carvajal, Domingo Santino v. State

Opinion

_____

AFFIRM; and Opinion issued March i 2013.

In The

Qlourt of Ztppeat

jfiftj itrtct of exa at aUa No. 05- 12-00733-CR

I)OMINGO SANTINO CAR VA.JAL, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the 265th Judicial District Court I)allas County, Texas

Trial Court Cause No. FlO-52736-R

MEMORANDUM OPINION

Before Justices Moseley. O’Neill, and Lewis Opinion by Justice Lewis

Domingo Santino Carvajal appeals from the revocation of his community supervision.

The trial court convicted appellant of felony DWI and assessed punishment at ten years’ imprisonment. See TEx. PENAL CODE ANN. § 49.04(a), 49.09(b)(2) (West Supp. 2012). 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. C’alifornia, 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, 811 (Tex. Crim. App.

IPanel Op1 1978). Counsel delivered a copy of the brief to appellant. We advised appellant of his right to file a pro se response, hut he did not file a pro se response.

We have reviewed the record and counsel’s brief. Bledwe 1. State, 178 S.W.3d 24.

827 (Tex. Crim. App. 2005) (explaining appellate courts 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.

DAVID LEWIS

JUSTICE

Do Not Publish TEx. R. ApP. P.47

12073 3F1.J05

Qtourt of ppeat

jfiftb Oitrict of exa at afta JUDGMENT

DOMINGO SANTINO CAR VAJAL. Appeal from the 265th Judicial District Appellant Court of Dallas County. Texas (Tr.CLNo.

Fl 052736R).

No, 05l2O0733CR V. Opinion delivered by Justice Lewis, Justices Moseley and O’Neill participating.

THE STATE OF TEXAS, Appellee

Based on the Court’s opinion of this date. the trial court’s judgment is AFFIRMED.

Judgment entered March 1. 2013.

J —

DAVID LEWIS

JUSTICE