Esquivel, John Anthony v. State

• Court: Court of Appeals of Texas
• Decided: April 10, 2003
• Docket: 14-02-00928-CR
• Status: Published

Opinion

Affirmed and Opinion filed April 10, 2003

Affirmed and Opinion filed April 10, 2003.

In The

Fourteenth Court of Appeals

____________

NO. 14-02-00928-CR

JOHN ANTHONY ESQUIVEL, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 208th District Court

Harris County, Texas

Trial Court Cause No. 808,843

M E M O R A N D U M   O P I N I O N

Appellant entered a plea of guilty to the offense of aggravated sexual assault of a child on August 5, 1999.  The court deferred a finding of guilt, placed appellant on deferred adjudication for ten years, and imposed other conditions of probation.  After a hearing on the State=s motion to adjudicate appellant=s guilt alleging he violated conditions of his community supervision, appellant was convicted of the offense and sentenced to confinement for thirteen years in the Institutional Division of the Texas Department of Criminal Justice on August 19, 2002.  Appellant filed a pro se notice of appeal.

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), by 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, 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 Opinion filed April 10, 2003.

Panel consists of Chief Justice Brister and Justices Fowler and Edelman.

Do Not Publish C Tex.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