Jason Kyle Rembert v. The State of Texas Appeal from Criminal District Court No. 1 of Dallas County (memorandum opinion)
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Affirmed and Opinion Filed October 22, 2019 In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01076-CR JASON KYLE REMBERT, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 1 Dallas County, Texas Trial Court Cause No. F-1321209-H MEMORANDUM OPINION Before Justices Bridges, Molberg, and Partida-Kipness Opinion by Justice Partida-Kipness Appellant Jason Kyle Rembert was indicted on one charge of aggravated sexual assault of child under fourteen. Appellant waived a jury trial and proceeded to trial before the court. The trial court convicted appellant of aggravated sexual assault of a child and assessed punishment at five years’ imprisonment. On appeal, appellant’s attorney filed a brief in which she concludes the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967). The brief presents a professional evaluation of the record showing why, in effect, there are no arguable grounds to advance. See High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. [Panel Op.] 1978) (determining whether brief meets requirements of Anders). Counsel delivered a copy of the brief to appellant. We advised appellant of his right to file a pro se response, but he did not file a pro se response. See Kelly v. State, 436 S.W.3d 313, 319–21 (Tex. Crim. App. 2014) (noting appellant has right to file pro se response to Anders brief filed by counsel). We have reviewed the record and counsel’s brief. See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005) (explaining appellate court’s duty in Anders cases). We agree the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal. We affirm the trial court’s judgment. /Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS JUSTICE Do Not Publish TEX. R. APP. P. 47.2(b) 181076F.U05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT JASON KYLE REMBERT, Appellant No. 05-18-01076-CR On Appeal from the Criminal District Court No. 1, Dallas County, Texas Trial Court Cause No. F-1321209-H. Opinion delivered by Justice PartidaKipness. Justices Bridges and Molberg participating. V. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED. It is ORDERED that appellee THE STATE OF TEXAS recover its costs of this appeal from appellant JASON KYLE REMBERT. Judgment entered this 22nd day of October, 2019. –3–
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