Richard Mendiola v. State
Richard Mendiola v. State
Opinion
Affirmed and Memorandum Opinion filed November 8, 2007.
In The
Fourteenth Court of Appeals
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NO. 14-07-00299-CR
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RICHARD MENDIOLA, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 239th District Court
Brazoria County, Texas
Trial Court Cause No. 40,623
M E M O R A N D U M O P I N I O N
After a jury trial, appellant was found guilty of the offense of indecency with a child. The trial court sentenced appellant to life in prison. This judgment of conviction was affirmed by the First Court of Appeals in Mendiola v. State, 01-02-00556-CR, 2003 WL 22413903 (Tex. App.BHouston [1st Dist.] 2002, no pet.). Appellant subsequently filed a post-conviction writ of habeas corpus, alleging ineffective assistance of counsel during trial. The Court of Criminal Appeals granted the writ and remanded the case to the trial court for a new punishment hearing. Ex Parte Mendiola, No. AP-75476, 2006 WL 2075667 (Tex. Crim. App. 2006). On March 19, 2007, trial court held a punishment hearing and sentenced appellant to confinement for twenty years in the Institutional Division of the Texas Department of Criminal Justice. Appellant filed a notice of appeal.
Appellant=s appointed counsel filed a brief in which she concludes the appeal is wholly frivolous and without merit. The brief meets the requirement of Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967), presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978).
A copy of counsel=s brief was delivered to appellant. Appellant was advised of the right to examine the appellate record and file a pro se response. See Stafford v. State, 813 S.W.2d 503, 510 (Tex. Crim. App. 1991). Appellant did not ask this court for a copy of the record, but on October 9, 2007, appellant filed a pro se response to counsel=s brief.
We have carefully reviewed the record, counsel=s brief, and appellant=s response, and agree the appeal is wholly frivolous and without merit. Further, we find no reversible error in the record. A discussion of the brief would add nothing to the jurisprudence of the state. We are not to address the merits of each claim raised in an Anders brief or a pro se response when we have determined there are no arguable grounds for review. See Bledsoe v. State, 178 S.W.3d 824, 827-28 (Tex. Crim. App. 2005).
Accordingly, the judgment of the trial court is affirmed.
PER CURIAM
Judgment rendered and Memorandum Opinion filed November 8, 2007.
Panel consists of Justices Yates, Fowler, and Guzman.
Do Not Publish C Tex. R. App. P. 47.2(b).
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