Astran, Esteban v. The State of Texas
Annotate this Case
Download PDF
Affirmed; Opinion Filed November 16, 2012. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-11-00897-CR ESTEBAN ASTRAN, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 363rd Judicial District Court Dallas County, Texas Trial Court Cause No. F09-72624-W MEMORANDUM OPINION Before Justices Moseley, Fillmore, and Myers Opinion By Justice Moseley Esteban Astran waived a jury and pleaded guilty to indecency with a child. See TEX. PENAL CODE ANN. ' 21.11(a) (West 2011). The trial court assessed punishment at ten years= imprisonment. On appeal, appellant=s attorney filed a brief in which he concludes the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967). The brief presents a professional evaluation of the record showing why, in effect, there are no arguable grounds to advance. See High v. State, 573 S.W.2d 807, 811 (Tex. Crim. App. [Panel Op.] 1978). Counsel delivered a copy of the brief to appellant. Appellant filed a pro se response raising several issues. A court of appeals is not required to Comment [COMMENT1]: Page Number Footer A Included Use Hotkey ` and then EFA to (E)dit (F)ooter (A) Comment [COMMENT2]: Date Printed: Header A included, Use Hotkey ` and then EHA to (E)dit (H)eader (A) Use Hotkey ` and then DHAT to (D)elete (H)eader (A)(T)ext address the merits of claims raised in a pro se response. See Bledsoe v. State, 178 S.W.3d 824, 827 (Tex. Crim. App. 2005) (explaining appellate court=s duty in Anders cases). Rather, the Court=s duty is to determine whether there are any arguable issues, and, if so, to remand the case to the trial court so that new counsel may be appointed to address those issues. Id. After reviewing counsel=s brief, appellant=s pro se response, and the record, we agree the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal. We affirm the trial court=s judgment. JIM MOSELEY JUSTICE Do Not Publish TEX. R. APP. P. 47 110897F.U05 B2B S Court of Appeals Fifth District of Texas at Dallas JUDGMENT ESTEBAN ASTRAN, Appellant No. 05-11-00897-CR V. THE STATE OF TEXAS, Appellee Appeal from the 363rd Judicial District Court of Dallas County, Texas. (Tr.Ct.No. F0972624-W). Opinion delivered by Justice Moseley, Justices Fillmore and Myers participating. Based on the Court=s opinion of this date, the judgment of the trial court is AFFIRMED. Judgment entered November 16, 2012. /Jim Moseley/ JIM MOSELEY JUSTICE Comment [COMMENT3]: Judgment - Sent out with Opinion to Internet
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
