Rogelio Reyna Medina v. State ( 2003 )

                                                             11th Court of Appeals

                                                                  Eastland, Texas

                                                                        Opinion

Rogelio Reyna Medina

Appellant

Vs.                   No. 11-03-00057-CR B Appeal from Dallas County

State of Texas

Appellee

The trial court convicted appellant, upon his plea of guilty, of the aggravated sexual assault of a seven-year-old girl.^[1]  A plea bargain agreement was not entered.  The trial court assessed appellant=s punishment at confinement for 8 years and a fine of $800. We affirm.

Appellant=s court-appointed counsel has filed a brief in which she states that she has made a diligent search of the record and that she has been unable to perceive any reversible error.  Counsel reviews the validity of the indictment, the admonitions given appellant, the validity of appellant=s waiver of his rights, the validity of appellant=s plea, the sufficiency of the evidence, and the performance of trial counsel. Counsel concludes that the appeal is frivolous and without merit.

Counsel has furnished appellant with a copy of the brief and advised appellant of his right to review the record and file a pro se brief.  A pro se brief has been filed.  Counsel has complied with the procedures outlined in Anders v. California, 386 U.S. 738 (1967); Stafford v. State, 813 S.W.2d 503 (Tex.Cr.App.1991); High v. State, 573 S.W.2d 807 (Tex.Cr.App.1978); Currie v. State, 516 S.W.2d 684 (Tex.Cr.App.1974); and Gainous v. State, 436 S.W.2d 137 (Tex.Cr.App.1969).

In his pro se letter brief, appellant argues that he has always told the truth about this incident and that he admits his guilt.  Appellant explains that the reason he entered his open plea of guilty was that he was hopeful the trial court would place him on probation.  He asks that his sentence be reduced to five years and that he be placed on Ashock probation.@

Appellant testified at trial that it was around 9:45 p.m. when he first saw the seven-year-old victim. He was aware that there were children in the area at that time of day.  Appellant offered to buy the victim a Coke.  Appellant had the victim follow him to his car while he got the money to buy the Coke.  Once appellant had her in his car, appellant put his finger inside the victim=s vagina.  Appellant stated that it was Apossible@ that he smelled his finger afterwards.  Appellant further stated that this was the first time he had ever thought about doing anything like this and that he had decided Aspontaneously that day to stick [his] finger in [the victim=s] vagina.@

The range of punishment for a first degree felony offense of aggravated sexual assault of a child is confinement for life or a term of not more than 99 years and not less than 5 years and an optional fine not to exceed $10,000.  TEX. PENAL CODE ANN. ' 12.32 (Vernon 2003).  The trial court assessed a punishment not only within the authorized range but also supported by the record.  Appellant=s arguments in his letter brief are overruled.

Following the procedures outlined in Anders, we have independently reviewed the record.  We agree that the appeal is without merit.

The judgment of the trial court is affirmed.

PER CURIAM

June 18, 2003

Do not publish.  See TEX.R.APP.P. 47.2(b).

Panel consists of: Arnot, C.J., and

Wright, J., and McCall, J.

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^[1]TEX. PENAL CODE ANN. ' 22.021 (Vernon 2003) defines the offense and declares it to be a first degree felony.