Orlin Jose Anariba v. The State of Texas--Appeal from 299th District Court of Travis County

Annotate this Case
Download PDF
NO. 07-07-0185-CR IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL A MAY 19, 2008 ______________________________ ORLIN ANARIBA, APPELLANT V. THE STATE OF TEXAS, APPELLEE _________________________________ FROM THE 299TH DISTRICT COURT OF TRAVIS COUNTY; NO. D-1-DC-06-301571; HONORABLE CHARLES F. BAIRD, JUDGE _______________________________ Before CAMPBELL and HANCOCK and PIRTLE, JJ. MEMORANDUM OPINION Appellant appeals his conviction for aggravated assault, enhanced by one prior aggravated assault, and subsequent sentence of eight years confinement in the Institutional Division, Texas Department of Criminal Justice. We affirm. Appellant s attorney has filed an Anders brief and a motion to withdraw. Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed. 2d 498 (1967). In support of his motion to withdraw, counsel certifies that he has diligently reviewed the record, and in his opinion, the record reflects no reversible error upon which an appeal can be predicated. Id. at 744- 45. In compliance with High v. State, 573 S.W.2d 807, 813 (Tex.Crim.App. 1978), counsel has candidly discussed why, under the controlling authorities, there is no error in the trial court s judgment. Additionally, counsel has certified that he has provided appellant a copy of the Anders brief and motion to withdraw and appropriately advised appellant of his right to file a pro se response in this matter. Stafford v. State, 813 S.W.2d 503, 510 (Tex.Crim.App. 1991). The court has also advised appellant of his right to file a pro se response. Appellant has not filed a response. By his Anders brief, counsel raises grounds that could possibly support an appeal, but concludes the appeal is frivolous. We have reviewed these grounds and made an independent review of the entire record to determine whether there are any arguable grounds which might support an appeal. See Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988); Bledsoe v. State, 178 S.W.3d 824 (Tex.Crim.App. 2005). We have found no such arguable grounds and agree with counsel that the appeal is frivolous. Accordingly, counsel s motion to withdraw is hereby granted and the trial court s judgment is affirmed. Mackey K. Hancock Justice Do not publish. 2