Pablo Omar Sanango v. State

Opinion issued May 31, 2012. In The Court of Appeals For The First District of Texas ———————————— NO. 01-11-00741-CR ——————————— Pablo Sanango, Appellant V. The State of Texas, Appellee On Appeal from the 232nd Judicial District Court Harris County, Texas Trial Court Case No. 1292209 MEMORANDUM OPINION A jury found appellant, Pablo Sanango, guilty of the felony offense of driving while intoxicated[1] and assessed his punishment at confinement for four years. Appellant’s counsel on appeal has filed a brief stating that the record presents no reversible error and that the appeal is without merit and is frivolous. See Anders v. California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967). The brief meets the requirements of Anders by presenting a professional evaluation of the record and detailing why there are no arguable grounds for reversal. Id.; see also High v. State, 573 S.W.2d 807, 810 (Tex. Crim. App. 1978). The brief also reflects that counsel delivered a copy of the brief to appellant and advised appellant of his right to file a pro se response. See Stafford v. State, 813 S.W.2d 503, 510 (Tex. Crim. App. 1991). When this Court receives an Anders brief from a defendant’s court-appointed appellant counsel, we conduct a review of the entire record to determine whether the appeal is frivolous, i.e., whether it presents any arguable grounds for appeal. See Anders, 386 U.S. at 744, 87 S. Ct. at 1400; Stafford, 813 S.W.2d at 511. An appeal is frivolous when it does not present any argument that could “conceivably persuade the court.” In re Schulman, 252 S.W.3d 403, 407 n.12 (Tex. Crim. App. 2008). In conducting our review, we consider the appellant’s pro se response, if any, to his counsel’s Anders brief. See Bledsoe v. State, 178 S.W.3d 824, 826 –27 (Tex. Crim. App. 2005). Appellant did not file a pro se response with this Court. Having reviewed the record and counsel’s brief, we agree that there is no reversible error and the appeal is frivolous and without merit. See id. We affirm the judgment of the trial court. We grant appellate counsel’s motion to withdraw.[2] See Stephens v. State, 35 S.W.3d 770, 771–72 (Tex. App.—Houston [1st Dist.] 2000, no pet.) (per curiam). Terry Jennings Justice Panel consists of Chief Justice Radack and Justices Jennings and Keyes. Do not publish. Tex. R. App. P. 47.2(b). [1] See Tex. Penal Code Ann §§ 49.04(a), 49.09(b) (Vernon Supp. 2011). [2] 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 Bledsoe, 178 S.W.3d at 827; Downs v. State, 137 S.W.3d 837, 842 n.2 (Tex. App.—Houston [1st Dist.] 2004, pet. ref’d).