Maria Cynthia Bustamante v. State ( 2019 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§
MARIA CYNTHIA BUSTAMANTE, No. 08-18-00037-CR
§
Appellant, Appeal from the
§
V. County Criminal Court No. 4
§
THE STATE OF TEXAS, of El Paso County, Texas
§
Appellee. (TC# 20140C06099)
§
MEMORANDUM OPINION
Maria Cynthia Bustamante is appealing her conviction of assault causing bodily injury to
a family member. A jury found Appellant guilty and the court assessed her punishment at
confinement for 365 days, but the court suspended the sentence and placed Appellant on
community supervision for twelve months. We affirm.
FRIVOLOUS APPEAL
Appellant’s court-appointed counsel has filed a brief in which he has concluded that the
appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v.
California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967), by presenting a professional
evaluation of the record demonstrating why, in effect, there are no arguable grounds to be
-1-
advanced. See In re Schulman, 252 S.W.3d 403, 406 n.9 (Tex.Crim.App. 2008)(“In Texas, an
Anders brief need not specifically advance ‘arguable’ points of error if counsel finds none, but it
must provide record references to the facts and procedural history and set out pertinent legal
authorities.”); High v. State, 573 S.W.2d 807 (Tex.Crim.App. 1978). Counsel has notified the
Court in writing that he has delivered a copy of counsel’s brief and the motion to withdraw to
Appellant, and he has advised Appellant of her right to review the record, file a pro se brief, and
to seek discretionary review. Kelly v. State, 436 S.W.3d 313, 318-20 (Tex.Crim.App.
2014)(setting forth duties of counsel). Counsel also provided Appellant with a motion requesting
access to the appellate record in compliance with Kelly, but Appellant has not filed the motion
with this Court or otherwise requested that she be allowed to review the record. Appellant has not
filed a pro se brief.
After carefully reviewing the record and counsel’s brief, we conclude that the appeal is
wholly frivolous and without merit. Further, we find nothing in the record that might arguably
support the appeal. The judgment of the trial court is affirmed.
April 24, 2019
YVONNE T. RODRIGUEZ, Justice
Before McClure, C.J., Rodriguez, and Palafox, JJ.
(Do Not Publish)
-2-