Teran Harrison Gonzalez v. The State of Texas

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Opinion issued October 25, 2012 In The Court of Appeals For The First District of Texas NO. 01-12-00082-CR ____________ TERAN HARRISON GONZALEZ, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 272nd District Court Brazos County, Texas Trial Court Cause No. 10-01697-CRF-272 MEMORANDUM OPINION Appellant, Teran Harrison Gonzalez, pleaded guilty without an agreed punishment recommendation to the charge of knowingly possessing, with intent to deliver, a controlled substance, namely cocaine, in the amount of 4 grams or more but less than 200 grams. See TEX. HEALTH & SAFETY CODE ANN. § 481.102(3)(D); § 481.112(a), (d) (West 2010). The trial court found appellant guilty and, after preparation of a pretrial sentence investigation report and a hearing on punishment, the trial court assessed punishment at 10 years confinement. Appellant timely filed a notice of appeal. Appellant s appointed counsel on appeal has filed a motion to withdraw, along with an Anders brief stating that the record presents no reversible error and therefore the appeal is without merit and is frivolous. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396 (1967). Counsel s brief meets the Anders requirements by presenting a professional evaluation of the record. See Anders, 386 U.S. at 744, 87 S. Ct. at 1400; see also High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. 1978). Counsel discusses the evidence adduced at the trial, supplies us with references to the record, and provides us with citation to legal authorities. Counsel indicates that she has thoroughly reviewed the record and that she is unable to advance any grounds of error that warrant reversal. See Anders, 386 U.S. at 744, 87 S. Ct. at 1400; Mitchell v. State, 193 S.W.3d 153, 154 (Tex. App. Houston [1st Dist.] 2006, no pet.). Here, counsel s brief reflects that she delivered a copy of the brief to appellant and informed him of his right to examine the appellate record and to file a response. See In re Schulman, 252 S.W.3d 403, 408 (Tex. Crim. App. 2008). Appellant has not filed a pro se response. 2 We have independently reviewed the entire record, and we conclude that no reversible error exists in the record, that there are no arguable grounds for review, and that therefore the appeal is frivolous. See Anders, 386 U.S. at 744, 87 S. Ct. at 1400; Garner v. State, 300 S.W.3d 763, 767 (Tex. Crim. App. 2009) (explaining that frivolity is determined by considering whether there are arguable grounds for review); Bledsoe v. State, 178 S.W.3d 824, 826 27 (Tex. Crim. App. 2005) (emphasizing that reviewing court and not counsel determines, after full examination of proceedings, whether the appeal is wholly frivolous); Mitchell, 193 S.W.3d at 155. An appellant may challenge a holding that there are no arguable grounds for appeal by filing a petition for discretionary review in the Court of Criminal Appeals. See Bledsoe, 178 S.W.3d at 827 & n.6. We affirm the judgment of the trial court and grant counsel s motion to withdraw.1 Attorney Nelda F. Williams must immediately send the notice required by Texas Rule of Appellate Procedure 6.5(c) and file a copy of that notice with the Clerk of this Court. See TEX. R. APP. P. 6.5(c). PER CURIAM Panel consists of Chief Justice Radack and Justices Bland and Huddle. 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, 178 S.W.3d at 826 27. 3

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