Graves, Patrick O'Neal v. State

• Court: Court of Appeals of Texas
• Decided: March 4, 2004
• Docket: 14-03-00382-CR
• Status: Published

Opinion

Affirmed and Memorandum Opinion filed March 4, 2004

Affirmed and Memorandum Opinion filed March 4, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-00382-CR

PATRICK O=NEAL GRAVES, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 21st District Court

Washington County, Texas

Trial Court Cause No. 13,623

M E M O R A N D U M   O P I N I O N

After a plea of not guilty, appellant was convicted by a jury of the offense of sexual assault.  On March 19, 2003, the trial court sentenced appellant to confinement for thirty 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 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).  A copy of the record was provided to appellant and he was granted an extension of time to file his response until February 2, 2004.  As of this date, no pro se response has been filed.

We have carefully reviewed the record, counsel=s brief, and the State=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 March 4, 2004.

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

Do Not Publish C Tex.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