Helfond, David Scott v. State

• Court: Court of Appeals of Texas
• Decided: August 14, 2003
• Docket: 14-03-00171-CR
• Status: Published

Opinion

Affirmed and Opinion filed August 14, 2003

Affirmed and Opinion filed August 14, 2003.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-00171-CR

DAVID SCOTT HELFOND, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 263rd District Court

Harris County, Texas

Trial Court Cause No.  376,058

M E M O R A N D U M  O P I N I O N

Appellant David S. Helfond appeals from the denial of his request for post-conviction DNA forensic evidence testing under art.  64.03 of the Texas Code of Criminal Procedure.

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).  Appellant has been afforded a reasonable time to request the record and file a pro se response, but as of this date, no record request or 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.

Accordingly, the judgment of the trial court is affirmed.

PER CURIAM

Judgment rendered and Opinion filed August 14, 2003.

Panel consists of Justices Edelman, Frost, and Guzman.

Do Not PublishCTex. R. App. P. 47.2(b).