Knotts, Marcus Ramone v. State

• Court: Court of Appeals of Texas
• Decided: August 29, 2002
• Docket: 01-01-00402-CR
• Status: Published

Opinion

Opinion issued August 29, 2002

In The

Court of Appeals

For The

First District of Texas

NO. 01-01-00402-CR

MARCUS RAMONE KNOTTS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 209th District Court

Harris County, Texas

Trial Court Cause No. 857938

MEMORANDUM OPINION

Appellant, Marcus Ramone Knotts, pleaded guilty, without an agreed punishment recommendation from the State, to aggravated sexual assault of a child under 14. After a pre-sentence investigation and punishment hearing, and after finding the two enhancements for possession of marihuana true, the trial court sentenced appellant to 10 years in prison.

Counsel has filed a brief stating his opinion that the appeal is frivolous. The brief meets the minimum requirements of Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967), by presenting a professional evaluation of the record and stating why there are no arguable grounds of error on appeal. See Gainous v. State, 736 S.W.2d 137, 138 (Tex. Crim. App. 1969).

Counsel certified that a copy of the brief was delivered to appellant, and he was advised he had a right to file a pro se response. More than 30 days have passed, and appellant has not filed a pro se response.

Conclusion

We have reviewed the record and counsel's brief. We hold there are no arguable grounds for appeal. We affirm the judgment.

We also grant counsel's motion to withdraw. See Stephens v. State, 35 S.W.3d 770, 771 (Tex. App.--Houston [1st Dist.] 2000, no pet.). We note that counsel still has a duty to inform appellant of the result of this appeal and also to inform appellant that he may, on his own, pursue discretionary review in the Court of Criminal Appeals. See Ex parte Wilson, 956 S.W.2d 25, 27 (Tex. Crim. App. 1997).

PER CURIAM

Panel consists of Justices Hedges, Taft, and Keyes.

Do not publish. Tex. R. App. P. 47.4.