Gilbert Carbajal v. The State of Texas--Appeal from 51st District Court of Tom Green County (majority)
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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-10-00851-CR Gilbert Carbajal, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF TOM GREEN COUNTY, 51ST JUDICIAL DISTRICT NO. A-10-0084-SB, THE HONORABLE JAY K. WEATHERBY, JUDGE PRESIDING MEMORANDUM OPINION A jury convicted Gilbert Carbajal of the felony offense of evading arrest with a motor vehicle. See Tex. Penal Code Ann. § 38.04(b)(2)(A) (West 2011). The jury found the enhancement paragraphs alleging two prior consecutive non-state jail felony convictions to be true and, pursuant to the habitual offender punishment provision, assessed his punishment at confinement for thirty years in the Texas Department of Criminal Justice. See Tex. Penal Code Ann. § 12.42(d) (West 2011). Carbajal s court-appointed attorney has filed a motion to withdraw supported by a brief concluding that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738, 744 (1967), by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See also Penson v. Ohio, 488 U.S. 75 (1988); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978); Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974); Jackson v. State, 485 S.W.2d 553 (Tex. Crim. App. 1972); Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969). Carbajal received a copy of counsel s brief and was advised of his right to examine the appellate record and to file a pro se brief. See Anders, 386 U.S. at 744. No pro se brief or other written response has been filed. We have reviewed the record, including appellate counsel s brief, and find no reversible error. See Garner v. State, 300 S.W.3d 763, 766 (Tex. Crim. App. 2009); Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). We agree with counsel that the appeal is frivolous. Counsel s motion to withdraw is granted. The judgment of conviction is affirmed. __________________________________________ J. Woodfin Jones, Chief Justice Before Chief Justice Jones, Justices Henson and Goodwin Affirmed Filed: November 10, 2011 Do Not Publish 2
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