Mark Anthony Castillo v. The State of TexasAppeal from 208th District Court of Harris County (memorandum opinion per curiam)
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Opinion issued April 29, 2014 In The Court of Appeals For The First District of Texas NO. 01-12-01046-CR MARK ANTHONY CASTILLO, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 208th District Court Harris County, Texas Trial Court Case No. 1328987 MEMORANDUM OPINION Following a bench trial, the trial court found appellant, Mark Anthony Castillo, guilty of the offense of aggravated robbery with a deadly weapon. See TEX. PENAL CODE ANN. § 29.02(a)(2), 29.03(a)(2) (West 2011). Appellant stipulated to two prior felony convictions. The trial court then sentenced him to 30 years imprisonment, which is within the statutory range of punishment. See TEX. PENAL CODE ANN. §§ 29.03(b), 12.42(d) (West 2011). Appellant timely filed a notice of appeal. Appellant s appointed counsel on appeal has filed a motion to withdraw, along with a brief stating that the record presents no reversible error and the appeal is without merit and is frivolous. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396 (1967). Counsel s brief meets the Anders requirements by presenting a professional evaluation of the record and supplying us with references to the record and legal authority. 386 U.S. at 744, 87 S. Ct. at 1400; see also High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. 1978). Counsel indicates that he has thoroughly reviewed the record and he is unable to advance any grounds of error that warrant reversal. See Anders, 386 U.S. at 744, 87 S. Ct. at 1400; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App. Houston [1st Dist.] 2006, no pet.). Appellant has filed a pro se response. We have independently reviewed the entire record in this appeal, and we conclude that no reversible error exists in the record, there are no arguable grounds for review, and the appeal is frivolous. See Anders, 386 U.S. at 744, 87 S. Ct. at 1400 (emphasizing that reviewing court and not counsel determines, after full examination of proceedings, whether appeal is wholly frivolous); Garner v. State, 2 300 S.W.3d 763, 767 (Tex. Crim. App. 2009) (reviewing court must determine whether arguable grounds for review exist); Bledsoe v. State, 178 S.W.3d 824, 826 27 (Tex. Crim. App. 2005) (same); Mitchell, 193 S.W.3d at 155 (reviewing court determines whether arguable grounds exist by reviewing entire record). We note that an appellant may challenge a holding that there are no arguable grounds for appeal by filing a petition for discretionary review in the Texas Court of Criminal Appeals. See Bledsoe, 178 S.W.3d at 827 & n.6. We affirm the judgment of the trial court and grant counsel s motion to withdraw.1 Attorney Wilford Anderson must immediately send appellant the required notice and file a copy of the notice with the Clerk of this Court. See TEX. R. APP. P. 6.5(c). PER CURIAM Panel consists of Chief Justice Radack and Justices Massengale and Huddle. Do not publish. TEX. R. APP. P. 47.2(b). 1 Appointed counsel still has a duty to inform appellant of the result of this appeal and that he may, on his own, pursue discretionary review in the Texas Court of Criminal Appeals. See Ex Parte Wilson, 956 S.W.2d 25, 27 (Tex. Crim. App. 1997). 3
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