Negrotto, Alex v. State

• Court: Court of Appeals of Texas
• Decided: May 11, 2004
• Docket: 14-03-01190-CR
• Status: Published

Opinion

Affirmed and Memorandum Opinion filed May 11, 2004

Affirmed and Memorandum Opinion filed May 11, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-01190-CR

ALEX NEGROTTO, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 208th District Court

Harris County, Texas

Trial Court Cause No. 935,402

M E M O R A N D U M   O P I N I O N

Appellant entered a guilty plea to the offense of aggravated assault causing serious bodily injury, with an affirmative finding of use of a deadly weapon.  On October 16, 2003, in accordance with a plea bargain agreement with the State, the trial court sentenced appellant to confinement for thirty years in the Institutional Division of the Texas Department of Criminal Justice.^[1]  Appellant filed a timely notice of appeal, and the trial court granted appellant permission to 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).  More than sixty days have elapsed, and 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 May 11, 2004.

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

Do Not Publish C Tex.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

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^[1]   On the same day, appellant was convicted by a jury of the offense of aggravated assault of a public servant in cause number 935,401.  He was also sentenced to confinement for thirty years in that case, which will be served concurrently with his sentence in this case.  Appellant=s appeal in cause number 935,401 remains pending before this court under our cause number 14-03-01189-CR.