Garcia, Adan Gaitan v. State

• Court: Court of Appeals of Texas
• Decided: May 27, 2004
• Docket: 14-03-01216-CR
• Status: Published

Opinion

Affirmed and Memorandum Opinion filed May 27, 2004

Affirmed and Memorandum Opinion filed May 27, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-01216-CR

NO. 14-03-01217-CR

ADAN GAITAN GARCIA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 232nd District Court

Harris  County, Texas

Trial Court Cause Nos. 931,359 & 937,769

M E M O R A N D U M   O P I N I O N

After a jury trial, appellant was convicted of two offenses of indecency with a child.  On October 21, 2003, the trial court sentenced appellant to confinement for forty-five years in the Institutional Division of the Texas Department of Criminal Justice in each case, with the sentences to be served concurrently.  Appellant filed a timely, written notice of appeal in each case.

Appellant=s appointed counsel filed a brief in which she concludes these appeals are 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).  More than sixty days have elapsed, and as of this date, no pro se response has been filed.

We have carefully reviewed the record and counsel=s brief and agree these appeals are 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 judgments of the trial court are affirmed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed May 27, 2004.

Panel consists of Chief Justice Hedges and Justices Frost and Guzman.

Do Not Publish C Tex.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