Cesar Antonio Sermeno v. State

• Court: Court of Appeals of Texas
• Decided: November 18, 2020
• Docket: 09-19-00347-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

09-19-00347-CR __________________

CESAR ANTONIO SERMENO, Appellant

V.

THE STATE OF TEXAS, Appellee __________________________________________________________________

On Appeal from the 397th Judicial District Court Grayson County, Texas Trial Cause No. 069462 __________________________________________________________________

MEMORANDUM OPINION

Cesar Antonio Sermeno was convicted by a jury of Aggravated Sexual

Assault of a Child and was sentenced to life imprisonment in the Texas Department

of Criminal Justice. See Tex. Penal Code Ann. § 22.021(a)(1), (a)(2)(B).1 Sermeno

timely filed this appeal.

1 This case was transferred to this Court from the Fifth Court of Appeals in Dallas, Texas pursuant to a docket equalization order. See Tex. Gov’t Code Ann. § 73.001. 1 Sermeno’s appellate counsel presented a professional evaluation of the record

concluding there were no meritorious issues for appeal. See Anders v. California,

386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. [Panel Op.]

1978). When we address an Anders brief as an appellate court, we have the option

to determine: (1) that the appeal is wholly frivolous and issue an opinion explaining

that we reviewed the record and find no reversible error; or (2) that arguable grounds

for appeal exist and remand the cause to the trial court so that new counsel may be

appointed to brief the issues. See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex.

Crim. App. 2005) (citations omitted).

We have independently reviewed the entire record in this matter. From our

review of the record, we conclude no arguable issues exist to support an appeal, and

there is no reversible error. Therefore, we find it unnecessary to order appointment

of new counsel to re-brief the appeal. Cf. Stafford v. State, 813 S.W.2d 503, 511

(Tex. Crim. App. 1991). Given our conclusion that no arguable grounds exist to

support Sermeno’s appeal, we affirm the trial court’s judgment.2

AFFIRMED.

_________________________ CHARLES KREGER Justice

2 Sermeno may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68.1.

2 Submitted on May 6, 2020 Opinion Delivered November 18, 2020 Do Not Publish

Before McKeithen, C.J., Kreger and Horton, JJ.