Robert Leslie Caldwell v. State

• Court: Court of Appeals of Texas
• Decided: February 5, 2009
• Docket: 01-07-00669-CR
• Status: Published

Opinion

In The

Court of Appeals

For The

First District of Texas

____________

NO. 01-07-00669-CR

ROBERT LESLIE CALDWELL, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 268th District Court

Fort Bend County, Texas

Trial Court Cause No. 45812-A

MEMORANDUM OPINION

A jury convicted appellant, Robert Leslie Caldwell, of robbery, enhanced by a 2003 felony conviction for possession of a controlled substance. The trial court sentenced appellant to 17 years in prison. We affirm.

Appellant's counsel on appeal has filed a brief stating that the record presents no reversible error and that the appeal is without merit and is frivolous. See Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967). The brief meets the requirements of Anders by presenting a professional evaluation of the record and detailing why there are no arguable grounds for reversal. Id.; see also High v. State, 573 S.W.2d 807, 810 (Tex. Crim. App. [Panel Op.] 1978). The brief also reflects that counsel delivered a copy of the brief to appellant. See Stafford v. State, 813 S.W.2d 503, 510 (Tex. Crim. App. 1991). Counsel also informed appellant of his right to file a pro se response, which appellant has done.

In his pro se response, appellant contends that (1) he received ineffective assistance of counsel at trial and on appeal, and (2) the trial court erred in permitting the prosecutor to question appellant about prior convictions without first approaching the bench, in violation of appellant's pretrial motion in limine.

Having reviewed the record, counsel's brief, and appellant's pro se brief, we agree that the appeal is frivolous and without merit and that there is no reversible error. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005).

Conclusion

We affirm the judgment of the trial court. ⁽¹⁾ We overrule all pending motions.

Sherry Radack

Chief Justice

Panel consists of Chief Justice Radack and Justices Alcala and Hanks.

Do not publish. Tex. R. App. P. 47.2(b).

1. Appointed counsel still has a duty to inform appellant of the result of this appeal and that he may, on his own, pursue discretionary review in the Texas Court of Criminal Appeals. See Bledsoe v. State, 178 S.W.3d 824, 827 (Tex. Crim. App. 2005); Downs v. State, 137 S.W.3d 837, 842 n.2 (Tex. App.--Houston [1st Dist.] 2004, pet. ref'd).