Hiracheta, Bennie v. State

• Court: Court of Appeals of Texas
• Decided: November 17, 2005
• Docket: 14-05-00096-CR
• Status: Published

Opinion

Affirmed and Memorandum Opinion filed November 17, 2005

Affirmed and Memorandum Opinion filed November 17, 2005.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-00096-CR

BENNIE HIRACHETA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 174th District Court

Harris County, Texas

Trial Court Cause No. 939,491

M E M O R A N D U M   O P I N I O N

Pursuant to a plea bargain, Bennie Hiracheta entered a plea of guilty to the charge of aggravated sexual assault of a child.  In accordance with the prosecutor=s recommendation, the trial court deferred a finding on Hiracheta=s guilt and placed him under community supervision for six years.  Subsequently, the State moved to adjudicate guilt.  The trial court found Hiracheta guilty, sentenced him to confinement for five years in the Texas Department of Criminal Justice, Institutional Division, and assessed a fine of $750.  Appellant filed a pro se notice of appeal.

After the instant appeal was perfected, appellate counsel filed a brief in compliance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978), concluding there was no arguable error to support an appeal.  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 Memorandum Opinion filed November 17, 2005.

Panel consists of Justices Fowler, Edelman, and Guzman.

Do Not Publish C Tex.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