James Kirk v. State

• Court: Court of Appeals of Texas
• Decided: January 5, 2006
• Docket: 14-05-00712-CR
• Status: Published

Opinion

Affirmed and Memorandum Opinion filed January 5, 2006

Affirmed and Memorandum Opinion filed January 5, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-00711-CR

NO. 14-05-00712-CR

JAMES KIRK, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 182nd District Court

Harris County, Texas

Trial Court Cause Nos. 1010262, and 943,857

M E M O R A N D U M   O P I N I O N

A jury convicted appellant of aggravated sexual assault of a child (Cause No. 1010262, No. 14-05-00711-CR on appeal) and injury to a child (Cause No. 943, 857, No. 14-05-00712-CR on appeal).  On June 24, 2005, the trial court sentenced appellant to confinement for twenty years and five years, respectively, in the Institutional Division of the Texas Department of Criminal Justice; the sentences were ordered to run concurrently.  Appellant filed a notice of appeal in each cause.

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).  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 January 5, 2006.

Panel consists of Justices Fowler, Edelman, and Guzman.

Do Not Publish C Tex.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