Asif, Mohammad Munir v. The State of Texas--Appeal from 232nd District Court of Harris County

Affirmed and Opinion filed March 6, 2003.

In The

Fourteenth Court of Appeals

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NO. 14-02-00548-CR

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MOHAMMAD MUNIR ASIF, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 232nd District Court

Harris County, Texas

Trial Court Cause No. 647,161

M E M O R A N D U M O P I N I O N

Appellant pled guilty to the offense of sexual assault of a child on February 12, 1993. In accordance with a plea bargain, appellant was sentenced on February 12, 1993, to confinement for 10 years in the Texas Department of Criminal Justice, Institutional Division. On September 11, 2001, appellant filed a motion for DNA testing. On April 8, 2002, the trial court denied appellant=s motion and adopted the State=s proposed findings of fact, including the finding that no evidence was tagged in appellant=s case that could be tested.

Appellant's appointed counsel filed a brief in which she concludes 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), presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978).

A copy of counsel's brief was delivered to appellant. Appellant was advised of the right to examine the appellate record and file a pro se response. No pro se response has been filed.

We agree the appeal is wholly frivolous and without merit. Further, we find no reversible error in the record

Accordingly, the judgment of the trial court is affirmed.

PER CURIAM

Judgment rendered and Opinion filed March 6, 2003.

Panel consists of Justices Anderson, Seymore, and Guzman.

Do Not Publish C Tex. R. App. P. 47.2(b).