Charles Ray Walton v. State

• Court: Court of Appeals of Texas
• Decided: September 10, 2009
• Docket: 14-09-00401-CR
• Status: Published

Opinion

Affirmed and Memorandum Opinion filed September 10, 2009.

In The

Fourteenth Court of Appeals

____________

NO. 14-09-00401-CR

CHARLES RAY WALTON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 337th District Court

Harris County, Texas

Trial Court Cause No. 1031750

M E M O R A N D U M   O P I N I O N

Appellant was convicted of aggravated sexual assault of a child and sentenced to forty years in prison.  On March 8, 2007, this court affirmed his conviction.  Walton v. State, No. 14-06-00227-CR, 2007 WL 706582 (Tex. App.CHouston [14th Dist.] 2007, pet. ref=d), cert. denied, 128 S.Ct. 1710 (2008).  On April 29, 2008, appellant filed a motion for DNA testing, which was denied.  

Appellant=s appointed counsel 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, 87 S.Ct. 1396 (1967), presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced.  See High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978).

A copy of counsel=s brief was delivered to appellant.  Appellant was advised of the right to examine the appellate record and appellant filed a pro se response on August 26, 2009.

We have reviewed the record and appellant=s pro se response and agree the appeal is wholly frivolous and without merit.  Further, we find no reversible error in the record.  A discussion of the brief and response would add nothing to the jurisprudence of the State.

Accordingly, the judgment of the trial court is affirmed.

PER CURIAM

Panel consists of Justices Yates, Frost, and Brown.

Do Not Publish C Tex. R. App. P. 47.2(b).