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Arturo Jimenez v. State

Citation: Not availableDocket: 14-09-00909-CR

Court: Court of Appeals of Texas; June 24, 2010; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In this case, the appellant, who pleaded guilty to aggravated robbery with a deadly weapon, contested the trial court's judgment sentencing him to a ten-year confinement. Following this, the appellant's counsel submitted an Anders brief, claiming the appeal to be frivolous and devoid of merit, in line with the standards established by Anders v. California. The appellant was given the opportunity to review the appellate record and submit a pro se response, a right which he did not exercise. Upon examination of the trial record and the Anders brief, the appellate court concurred with counsel's assessment, identifying no reversible error and confirming the appeal's lack of merit. Consequently, the court affirmed the original judgment of the trial court. This decision was rendered per curiam by a panel of three justices and was marked as 'Do Not Publish' according to Texas appellate rules, emphasizing its non-precedential nature.

Legal Issues Addressed

Affirmation of Trial Court Judgment

Application: The appellate court affirmed the trial court's judgment after finding no reversible error and concluding that the appeal was frivolous.

Reasoning: Consequently, the trial court's judgment was affirmed.

Appellant's Rights in Anders Procedure

Application: Jimenez was provided with a copy of the Anders brief and informed of his right to review the appellate record and submit a pro se response, though he did not file any response.

Reasoning: Jimenez was provided a copy of this brief and informed of his right to review the appellate record and submit a pro se response, but no such response was filed.

Non-Publication of Opinion

Application: The opinion was issued per curiam by a panel of justices and was designated as 'Do Not Publish' under Texas Rule of Appellate Procedure 47.2(b).

Reasoning: The ruling was issued by a per curiam opinion from a panel consisting of Justices Brown, Sullivan, and Christopher, and was designated as 'Do Not Publish' under Texas Rule of Appellate Procedure 47.2(b).

Review of Anders Briefs

Application: The court conducted an independent review of the record and the counsel's brief, determining that the appeal was frivolous and without merit, consistent with the practice when no arguable grounds for review are presented in an Anders brief.

Reasoning: The court reviewed the record and the counsel's brief, agreeing that the appeal is indeed frivolous and without merit, finding no reversible error.