Cristobal Gonzales v. The State of Texas Appeal from 106th District Court of Dawson County (memorandum opinion per curiam)

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Opinion filed February 7, 2019 In The Eleventh Court of Appeals __________ No. 11-18-00093-CR __________ CRISTOBAL GONZALES, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 106th District Court Dawson County, Texas Trial Court Cause No. 17-7784 MEMORANDUM OPINION The jury convicted Cristobal Gonzales of the offense of sexual assault, found both enhancement allegations to be true, and assessed punishment at confinement for life. We affirm. Appellant’s court-appointed counsel has filed in this court a motion to withdraw. The motion is supported by a brief in which counsel professionally and conscientiously examines the record and applicable law and concludes that the appeal is frivolous and without merit. Counsel has provided Appellant with a copy of the brief, a copy of the motion to withdraw, and a copy of both the clerk’s record and the reporter’s record. Counsel advised Appellant of his right to review the record and file a response to counsel’s brief. Counsel also advised Appellant of his right to file a petition for discretionary review with the clerk of the Texas Court of Criminal Appeals seeking review by that court. See TEX. R. APP. P. 48.4, 68. Court-appointed counsel has complied with the requirements of Anders v. California, 386 U.S. 738 (1967); Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014); In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008); and Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991). Appellant has not filed a response to counsel’s Anders brief. Following the procedures outlined in Anders and Schulman, we have independently reviewed the record, and we agree that the appeal is frivolous and without merit.1 We note that no objections were preserved for review and that the evidence presented at trial revealed particularly heinous facts. We grant counsel’s motion to withdraw and affirm the judgment of the trial court. PER CURIAM February 7, 2019 Do not publish. See TEX. R. APP. P. 47.2(b). Panel consists of: Bailey, C.J., Stretcher, J., and Wright, S.C.J.2 Willson, J., not participating. 1 We note that Appellant has a right to file a petition for discretionary review pursuant to TEX. R. APP. P. 68. 2 Jim R. Wright, Senior Chief Justice (Retired), Court of Appeals, 11th District of Texas at Eastland, sitting by assignment. 2

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