Court of Civil Appeals of Texas, 2004

Paul Anthony Delarosa v. State

Paul Anthony Delarosa v. State
Court of Civil Appeals of Texas · Decided February 20, 2004

Paul Anthony Delarosa v. State

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN






NO. 03-03-00246-CR


Paul Anthony Delarosa, Appellant


v.



The State of Texas, Appellee








FROM THE DISTRICT COURT OF HAYS COUNTY, 22ND JUDICIAL DISTRICT

NO. CR-01-270, HONORABLE CHARLES R. RAMSAY, JUDGE PRESIDING


M E M O R A N D U M O P I N I O N


A jury found appellant Paul Anthony Delarosa guilty of capital murder. See Tex. Pen. Code Ann. § 19.04 (West Supp. 2004). The court imposed the mandatory life sentence.

Delarosa's court-appointed attorney filed a brief concluding that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967), by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See also Penson v. Ohio, 488 U.S. 75 (1988); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978); Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974); Jackson v. State, 485 S.W.2d 553 (Tex. Crim. App. 1972); Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969). A copy of counsel's brief was delivered to Delarosa, who was advised of his right to examine the appellate record and to file a pro se brief. No pro se brief has been filed.

We have reviewed the record and counsel's brief and agree that the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal. Counsel's motion to withdraw is granted.

The judgment of conviction is affirmed.





__________________________________________

Bea Ann Smith, Justice

Before Chief Justice Law, Justices B. A. Smith and Patterson

Affirmed

Filed: February 20, 2004

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