Gerardo Israel Strauss v. The State of Texas Appeal from 204th Judicial District Court of Dallas County (memorandum opinion)
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AFFIRMED and Opinion Filed October 8, 2019 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01106-CR GERARDO ISRAEL STRAUSS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 204th Judicial District Court Dallas County, Texas Trial Court Cause No. F-1733722-Q MEMORANDUM OPINION Before Justices Burns, Whitehill, and Schenck Opinion by Justice Whitehill Appellant pled not guilty to aggravated sexual assault of a child, but after a jury trial began, changed his plea to guilty. After a sentencing hearing, the trial court sentenced appellant to sixty years imprisonment. Appellant’s counsel has filed 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 this appeal is frivolous and without merit. Counsel has provided appellant with a copy of the brief and the motion to withdraw. 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, 812 (Tex. Crim. App. [Panel Op.] 1978) (determining whether brief meets requirements of Anders). We advised appellant of his right to file a pro se response, but he did not file a pro se response. See Kelly v. State, 436 S.W.3d 313, 319–21 (Tex. Crim. App. 2014) (noting appellant has right to file pro se response to Anders brief filed by counsel). We have reviewed the record and counsel’s brief. See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005) (explaining appellate court’s duty in Anders cases). We agree the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal. We therefore grant counsel’s motion to withdraw and affirm the trial court’s judgment. /Bill Whitehill/ BILL WHITEHILL JUSTICE Do Not Publish TEX. R. APP. P. 47 181106F.U05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT GERARDO ISRAEL STRAUSS, Appellant No. 05-18-01106-CR On Appeal from the 204th Judicial District Court, Dallas County, Texas Trial Court Cause No. F-1733722-Q. Opinion delivered by Justice Whitehill. Justices Burns and Schenck participating. V. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED. Judgment entered October 8, 2019 –3–
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