Ricardo Rodriguez Calderon v. The State of Texas Appeal from 207th District Court of Hays County (memorandum opinion )
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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-15-00714-CR Ricardo Rodriguez Calderon, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF HAYS COUNTY, 207TH JUDICIAL DISTRICT NO. CR-14-0384, HONORABLE JACK H. ROBISON, JUDGE PRESIDING MEMORANDUM OPINION Appellant Ricardo Rodriguez Calderon was charged with felony driving while intoxicated, enhanced with a prior felony conviction. See Tex. Penal Code § 49.09(b)(2); id. § 12.42(a). A jury found Calderon guilty, and the trial court assessed Calderon’s punishment at 15 years in the Texas Department of Criminal Justice-Institutional Division. Appellant’s court-appointed attorney has filed a motion to withdraw supported by a brief concluding that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See Anders v. California, 386 U.S. 738, 744 (1967); Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009); see also Penson v. Ohio, 488 U.S. 75, 86–87 (1988). Appellant received a copy of counsel’s brief and was advised of his right to examine the appellate record and to file a pro se brief. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766. Appellant has filed a pro se brief in which he raises six points of error. We have conducted an independent review of the record, including appellate counsel’s brief and appellant’s brief, and find no reversible error. See Anders, 386 U.S. at 744; Garner, 300 S.W.3d at 766; Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005). We agree with counsel that the record presents no arguably meritorious grounds for review and the appeal is frivolous. Counsel’s motion to withdraw is granted. The judgment of conviction is affirmed. __________________________________________ Scott K. Field, Justice Before Justices Puryear, Goodwin, and Field Affirmed Filed: May 24, 2016 Do Not Publish 2
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