Garcia, Duane v. State

• Court: Court of Appeals of Texas
• Decided: September 2, 2004
• Docket: 14-04-00063-CR
• Status: Published

Opinion

Affirmed and Memorandum Opinion filed September 2, 2004

Affirmed and Memorandum Opinion filed September 2, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-04-00063-CR

DUANE GARCIA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 263rd District Court

Harris County, Texas

Trial Court Cause No. 951,060

M E M O R A N D U M   O P I N I O N

After a bench trial, appellant was convicted of assault of a public servant and sentenced on January 26, 2004 to confinement for twenty-five years in the Institutional Division of the Texas Department of Criminal Justice.  Appellant filed a written 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), 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 delivered a copy of the record to review but did not file a pro se response.

We 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 September 2, 2004.

Panel consists of Justices Yates, Edelman, and Guzman.

Do Not Publish C Tex.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