Cesar Navarro v. The State of Texas Appeal from 283rd Judicial District Court of Dallas County (memorandum opinion)

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Affirmed and Opinion Filed July 27, 2020 In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00785-CR CESAR NAVARRO, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 283rd Judicial District Court Dallas County, Texas Trial Court Cause No. F18-40858-T MEMORANDUM OPINION Before Justices Schenck, Molberg, and Nowell Opinion by Justice Nowell Cesar Navarro appeals his conviction for aggravated sexual assault of a child under 6 years of age. The jury assessed punishment at 25 years’ imprisonment. On appeal, appellant’s attorney filed a brief concluding that the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967). See Murphy v. State, 111 S.W.3d 846, 749 (Tex. App.—Dallas 2003, no pet.). 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). Counsel delivered a copy of the brief to appellant, and by letter dated December 13, 2019, we advised appellant of his right to file a pro se response by January 31, 2020. We further advised appellant that failure to file a response by the date provided would result in the case being submitted on the Anders brief alone. Appellant did not file a response. We have reviewed the record and counsel’s brief. See Bledsoe v. State, 178 S.W.3d 824, 826-827 (Tex. Crim. App. 2005) (explaining appellate court’s duty in Anders cases). We agree that the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal. Accordingly, we affirm the trial court’s judgment. /Erin A. Nowell/ ERIN A. NOWELL JUSTICE Do Not Publish TEX. R. APP. P. 47.2(b) 190785F.U05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT CESAR NAVARRO, Appellant No. 05-19-00785-CR On Appeal from the 283rd Judicial District Court, Dallas County, Texas Trial Court Cause No. F18-40858-T. Opinion delivered by Justice Nowell. Justices Schenck and Molberg 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 this 27th day of July, 2020. –3–

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