Roberto Sanchez v. The State of Texas--Appeal from 341st Judicial District Court of Webb County

No. 04-06-00528-CR

Roberto SANCHEZ,

Appellant

v.

The STATE of Texas,

Appellee

From 341st Judicial District Court, Webb County, Texas

Trial Court No. 1992-CRA-000030-D3

Honorable Elma Teresa Salinas, Judge Presiding

Opinion by: Rebecca Simmons, Justice

Sitting: Alma L. L pez, Chief Justice

Sandee Bryan Marion, Justice

Rebecca Simmons, Justice

Delivered and Filed: April 4, 2007

AFFIRMED

On May 20, 1992, after waiving his right to a trial by jury, Appellant Roberto Sanchez was found guilty by the trial court of first degree burglary of a habitation. He was assessed a term of forty-five years confinement in the Institutional Division of the Texas Department of Criminal Justice and court costs in the amount of $82.50. On June 28, 2006, the Court of Criminal Appeals granted Sanchez's Application for Writ of Habeas Corpus and simultaneously granted Sanchez an out of time appeal. The mandate issued on July 24, 2006. On July 28, 2006, Sanchez filed his notice of appeal.

Sanchez's court-appointed attorney filed a brief containing a professional evaluation of the record in accordance with Anders v. California, 386 U.S. 738 (1967). Counsel concludes that the appeal has no merit. Counsel provided Sanchez with a copy of the brief and informed him of his right to review the record and file his own brief. (1) See Nichols v. State, 954 S.W.2d 83, 85-86 (Tex. App.--San Antonio 1997, no pet.); Bruns v. State, 924 S.W.2d 176, 178 n.1 (Tex. App.--San Antonio 1996, no pet.). Sanchez did not file a brief.

After reviewing the record and counsel's brief, we agree the appeal is frivolous and without merit. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005) (noting court of appeals should not address merits of issues raised in Anders brief or pro se response but only determine whether the appeal is frivolous). The judgment of the trial court is affirmed. Appellate counsel's motion to withdraw is granted. Nichols, 954 S.W.2d at 86; Bruns, 924 S.W.2d at 178 n.1.

Rebecca Simmons, Justice

Do Not Publish

1. In addition to counsel notifying Sanchez of the brief filed in accordance with Anders v. California, 368 U.S. 738 (1967) and Sanchez's right to file a pro se brief, this court issued an order on December 12, 2006, notifying Sanchez that any brief he desired to file was due in this court no later than January 11, 2007.