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Thomas Ochoa v. State ( 2010 )


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  • NO. 07-10-00036-CR

     

    IN THE COURT OF APPEALS

     

    FOR THE SEVENTH DISTRICT OF TEXAS

     

    AT AMARILLO

     

    PANEL A

     

    SEPTEMBER 7, 2010

     

     

    THOMAS OCHOA, APPELLANT

     

    v.

     

    THE STATE OF TEXAS, APPELLEE

     

     

     FROM THE 137TH DISTRICT COURT OF LUBBOCK COUNTY;

     

    NO. 2008-420,143; HONORABLE CECIL G. PURYEAR, JUDGE

     

     

    Before CAMPBELL and HANCOCK and PIRTLE, JJ.

     

     

    MEMORANDUM OPINION

     

    Appellant, Thomas Ochoa, appeals from a conviction for two counts of indecency with a child[1] and, sentence of confinement in the Institutional Division of the Texas Department of Criminal Justice for 18 years on each conviction, all confinement to run concurrently.  We affirm.

    Appellant=s attorney has filed an Anders brief and a motion to withdraw.  Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed. 2d 498 (1967). In support of his motion to withdraw, counsel certifies that he has diligently reviewed the record, and in his opinion, the record reflects no reversible error upon which an appeal can be predicated.  Id. at 744-45.  In compliance with High v. State, 573 S.W.2d 807, 813 (Tex.Crim.App. 1978), counsel has candidly discussed why, under the controlling authorities, there is no error in the trial court=s judgment.  Additionally, counsel has certified that he has provided appellant a copy of the Anders brief and motion to withdraw and appropriately advised appellant of his right to file a pro se response in this matter.  Stafford v. State, 813 S.W.2d 503, 510 (Tex.Crim.App. 1991).  The court has also advised appellant of his right to file a pro se response.  Appellant has not filed a response.

    By his Anders brief, counsel raised a ground that could possibly support an appeal, but concludes the appeal is frivolous.  We have reviewed this ground and made an independent review of the entire record to determine whether there are any arguable grounds which might support an appeal. See Penson v. Ohio, 488 U.S. 75, 109 S.Ct. 346, 102 L. Ed. 2d 300 (1988); Bledsoe v. State, 178 S.W.3d 824 (Tex.Crim.App. 2005).  We have found no such arguable grounds and agree with counsel that the appeal is frivolous.

    Accordingly, counsel=s motion to withdraw is hereby granted and the trial court=s judgment is affirmed.[2]

                                                                                                    Mackey K. Hancock

    Justice

    Do not publish.


    [1] See Tex. Penal Code Ann. § 21.11(a)(1) (Vernon 2009).

    [2] Counsel shall, within five days after this opinion is handed down, send his client a copy of the opinion and judgment, along with notification of appellant=s right to file a pro se petition for discretionary review.  See Tex. R. App. P. 48.4.