Mac Anthony Corrales v. The State of Texas Appeal from 253rd District Court of Liberty County (memorandum opinion)
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In The Court of Appeals Ninth District of Texas at Beaumont __________________ NO. 09-22-00073-CR __________________ MAC ANTHONY CORRALES, Appellant V. THE STATE OF TEXAS, Appellee __________________________________________________________________ On Appeal from the 253rd District Court Liberty County, Texas Trial Cause No. CR34322 __________________________________________________________________ MEMORANDUM OPINION Mac Anthony Corrales appeals his conviction for online solicitation of a minor, a second-degree felony. 1 After filing the notice of appeal, the trial court appointed an attorney to represent Corrales for the appeal. 1See Tex. Penal Code Ann. § 33.021(f). 1 The attorney discharged his responsibilities to Corrales by filing an Anders brief. 2 In the brief, Corrales’s attorney represents he was unable to find any meritorious issues to present in the appeal. 3 The brief the attorney filed contains a professional evaluation of the record. In the brief, Corrales’s attorney explains why, under the record in Corrales’s case, no arguable issues exist to reverse the trial court’s judgment. 4 Corrales’s attorney also represented that he sent Corrales a copy of the brief and the record. When the brief was filed, the Clerk of the Ninth Court of Appeals notified Corrales, by letter, that he could file a pro se brief or response with the Court on or before September 20, 2022. Corrales, however, failed to respond. When an attorney files an Anders brief, we are required to independently examine the record and determine whether the attorney assigned to represent the defendant has a non-frivolous argument that would support the appeal. 5 After reviewing the clerk’s record, the 2See 3See 4Id. 744). Anders v. California, 386 U.S. 738, 744 (1967). id.; High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). 5Penson v. Ohio, 488 U.S. 75, 80 (1988) (citing Anders, 386 U.S. at 2 reporter’s record, and the attorney’s brief, we agree there are no arguable grounds to support the appeal. 6 Thus, it follows the appeal is frivolous.7 For that reason, we need not require the trial court to appoint another attorney to re-brief the appeal. 8 The trial court’s judgment is affirmed. AFFIRMED. _________________________ HOLLIS HORTON Justice Submitted on July 26, 2023 Opinion Delivered August 2, 2023 Do Not Publish Before Golemon, C.J., Horton and Johnson, JJ. Bledsoe v. State, 178 S.W.3d 824, 827-28 (Tex. Crim. App. 2005) (“Due to the nature of Anders briefs, by indicating in the opinion that it considered the issues raised in the briefs and reviewed the record for reversible error but found none, the court of appeals met the requirements of Texas Rule of Appellate Procedure 47.1.”). 7Id. at 826. 8See Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). Corrales may challenge our decision in the case by filing a petition for discretionary review. See Tex. R. App. P. 68. 6See 3
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