Guillermo Limon Briones v. The State of Texas--Appeal from 351st District Court of Harris County

Opinion issued July 26, 2007

In The

Court of Appeals

For The

First District of Texas

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NO. 01-05-00457-CR

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GUILLERMO LIMON BRIONES, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 351st District Court

Harris County, Texas

Trial Court Cause No. 989367

MEMORANDUM OPINION

Appellant, Guillermo Briones, pleaded guilty the offense of failure to stop and render assistance without an agreement as to punishment with the state. The trial court ordered a presentence investigation report. After a presentence investigation hearing, the trial court assessed punishment at confinement for five years and assessed a fine of $5,000. We affirm.

Appellant's court-appointed counsel filed a motion to withdraw as counsel and a brief concluding that this appeal is without merit. Counsel's brief meets the requirements of Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967), by presenting a professional evaluation of the record that demonstrates the lack of arguable grounds of error. See High v. State, 573 S.W.2d 807, 811 (Tex. Crim. App. 1978); Moore v. State, 845 S.W.2d 352, 353 (Tex. App.--Houston [1st Dist.] 1992, pet. ref'd).

Counsel represents that he served a copy of the brief on appellant. Counsel also advised appellant of his right to examine the appellate record and file a pro se brief (1). See Stafford v. State, 813 S.W.2d 503, 510 (Tex. Crim. App. 1991). More than 30 days have passed, and appellant has not filed a pro se brief. We have carefully reviewed the record and counsel's brief. We find no reversible error in the record, and agree that the appeal is without merit.

We therefore affirm the judgment of the trial court.

We grant counsel's motion to withdraw. (2) See Stephens v. State, 35 S.W.3d 770, 771 (Tex. App.--Houston [1st Dist.] 2000, no pet.).

Panel consists of Justices Nuchia, Hanks, and Bland.

Do not publish.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

1. Counsel informed this Court by letter dated June 6, 2007: "Appellant's counsel has confirmed with the Texas Department of Parole that the Appellant has been deported to his native country of Mexico. There is no new address for the Appellant." We note that the Clerk of this Court sent notice that an Anders's brief had been filed and that if appellant wished to file a response it was due on July 13, 2007, to appellant's last known address. The notice was returned with the notation "return to sender...unable to forward."

2. Appointed counsel still has a duty to inform appellant of the result of this appeal and that he may, on her own, pursue discretionary review in the Texas Court of Criminal Appeals. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005).