Octavio Puente v. State ( 2019 )

AFFIRM; and Opinion Filed January 25, 2019.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-00249-CR
OCTAVIO PUENTE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 4
Dallas County, Texas
Trial Court Cause No. F16-55240-K
MEMORANDUM OPINION
Before Justices Myers, Molberg, and Osborne
Opinion by Justice Osborne
A jury convicted Octavio Puente for continuous sexual abuse of a child younger than
fourteen years of age. The trial court assessed punishment at forty-three years’ imprisonment. On
appeal, appellant’s attorney filed a brief in which he concludes the appeal is wholly frivolous and
without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967).
The brief presents a professional evaluation of the record showing why, in effect, there are no
arguable grounds to advance. See High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. [Panel
Op.] 1978) (determining whether brief meets requirements of Anders). Counsel delivered a copy
of the brief to appellant. We advised appellant of his right to file a pro se response, but he did not
file a pro se response. See Kelly v. State, 436 S.W.3d 313, 319–21 (Tex. Crim. App. 2014) (noting
appellant has right to file pro se response to Anders brief filed by counsel).
We have reviewed the record and counsel’s brief. See Bledsoe v. State, 178 S.W.3d 824,
826–27 (Tex. Crim. App. 2005) (explaining appellate court’s duty in Anders cases). We agree the
appeal is frivolous and without merit. We find nothing in the record that might arguably support
the appeal.
We affirm the trial court’s judgment.
/Leslie Osborne/_____________________
LESLIE OSBORNE
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
180249F.U05
–2–
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
OCTAVIO PUENTE, Appellant On Appeal from the Criminal District Court
No. 4, Dallas County, Texas
No. 05-18-00249-CR V. Trial Court Cause No. F16-55240-K.
Opinion delivered by Justice Osborne.
THE STATE OF TEXAS, Appellee Justices Myers and Molberg participating.
Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED.
Judgment entered this 25th day of January, 2019.
–3–