Ramon Alvarado Chacon v. The State of Texas Appeal from 394th District Court of Brewster County (memorandum opinion )

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COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS RAMON ALVARADO CHACON, § No. 08-14-00227-CR § Appellant, Appeal from the § v. 394th District Court § of Brewster County, Texas THE STATE OF TEXAS, § (TC# 4254) § Appellee. § MEMORANDUM OPINION Ramon Alvarado Chacon appeals his conviction of continuous sexual abuse of a young child. A jury found Appellant guilty, and the court assessed his punishment at imprisonment for a term of fifty-five years. We affirm. FRIVOLOUS APPEAL Appellant’s court-appointed counsel has filed a brief in which he has concluded that 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, 18 L.Ed.2d 493 (1967), by presenting a professional evaluation of the record demonstrating why, in effect, there are no arguable grounds to be advanced. See In re Schulman, 252 S.W.3d 403, 406 n.9 (Tex.Crim.App. 2008)(“In Texas, an Anders brief need not specifically advance ‘arguable’ points of error if counsel finds none, but it must provide record references to the facts and procedural history and set out pertinent legal authorities.”); High v. State, 573 S.W.2d 807 (Tex.Crim.App. 1978). Counsel has notified the Court in writing that he has delivered a copy of counsel’s brief and the motion to withdraw to Appellant, and he has advised Appellant of his right to review the record, file a pro se brief, and to seek discretionary review. Kelly v. State, 436 S.W.3d 313, 318-20 (Tex.Crim.App. 2014)(setting forth duties of counsel). We granted Appellant’s motion for access to the record, but he has not filed a pro se brief. We have carefully reviewed the record and counsel’s brief. We agree that the appeal is wholly frivolous and without merit and we find nothing in the record that might arguably support the appeal. The judgment of the trial court is affirmed. STEVEN L. HUGHES, Justice July 6, 2016 Before McClure, C.J., Rodriguez, and Hughes, JJ. (Do Not Publish) -2-

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