Charles Samuel Barber v. State

• Court: Court of Appeals of Texas
• Decided: July 5, 2007
• Docket: 14-06-00897-CR
• Status: Published

Opinion

Affirmed and Memorandum Opinion filed July 5, 2007

Affirmed and Memorandum Opinion filed July 5, 2007.

In The

Fourteenth Court of Appeals

____________

NO. 14-06-00897-CR

CHARLES SAMUEL BARBAR, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 248th District Court

Harris County, Texas

Trial Court Cause No. 647429

M E M O R A N D U M   O P I N I O N

This appeal is from the trial court=s order of August 19, 2006, denying appellant=s request for DNA testing in cause number 647429. 

Appellant=s appointed counsel filed a brief in which he 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 file a pro se response.  See Stafford v. State, 813 S.W.2d 503, 510 (Tex. Crim. App. 1991).  As of this date, more than sixty days have elapsed and no pro se response has been filed.

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

Accordingly, the judgment of the trial court is affirmed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed July 5, 2007.

Panel consists of Justices Anderson, Fowler, and Frost.

Do Not Publish C Tex.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