Richard Hernandez v. The State of Texas--Appeal from 177th District Court of Harris County

Opinion issued May 26, 2006

In The

Court of Appeals

For The

First District of Texas

__________

NO. 01-06-00022-CR

____________

RICHARD HERNANDEZ, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 177th District Court

Harris County, Texas

Trial Court Cause No. 991924

MEMORANDUM OPINION

Appellant, Richard Hernandez, pleaded true to the allegations contained in the State s motion to adjudicate guilt, the trial court found appellant guilty of the felony offense of aggravated sexual assault, and assessed punishment at confinement for 40 years.

Appellant s court-appointed counsel has filed a motion to withdraw as counsel and a brief concluding that this appeal is without merit. See Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967). Counsel s brief meets the requirements of Anders by presenting a professional evaluation of the record that demonstrates the lack of arguable grounds of error. See High v. State, 573 S.W.2d 807, 811 (Tex. Crim. App. 1978); Moore v. State, 845 S.W.2d 352, 353 (Tex. App. Houston [1st Dist.] 1992, pet. ref d).

Counsel represents that he has served a copy of the brief on appellant. Counsel also advised appellant of his right to examine the appellate record and file a pro se brief. See Stafford v. State, 813 S.W.2d 503, 510 (Tex. Crim. App. 1991). More than 30 days have passed, and appellant has not filed a pro se brief. We have carefully reviewed the record and counsel s brief. We find no reversible error in the record, and agree that the appeal is without merit.

We affirm the judgment of the trial court and grant counsel s motion to withdraw. // See Stephens v. State, 35 S.W.3d 770, 771 (Tex. App. Houston [1st Dist.] 2000, no pet.).

PER CURIAM

Panel consists of Justices Jennings, Hanks, and Higley.

Do not publish. Tex. R. App. P. 47.2(b).