ZUBIA v. STATE, 08-06-00146-CR, (Tex.App.-El Paso [8th Dist.] 12-14-2006)


OSCAR ZUBIA, Appellant, v. THE STATE OF TEXAS, Appellee.

No. 08-06-00146-CR.Court of Appeals of Texas, Eighth District, El Paso.
December 14, 2006. DO NOT PUBLISH.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Appeal from the 384th District Court of El Paso County, Texas (TC# 20020D04331).

Before CHEW, C.J., McCLURE, and CARR, JJ.

OPINION
KENNETH R. CARR, Justice

Appellant waived trial by jury and entered a plea of guilty before the court to the offense of aggravated sexual assault of a child. The court assessed punishment at seven years’ community supervision-deferred. Subsequently, an amended motion to adjudicate guilt was filed by the District Attorney. After a hearing upon that motion, the court adjudicated Appellant guilty and assessed punishment at twenty-five years in the Institutional Division of the Texas Department of Criminal Justice. We affirm.

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, reh. denied, 388 U.S. 924, 87 S.Ct. 2094, 18 L.Ed.2d 1377 (1967), by presenting a professional evaluation of the record demonstrating why, in effect, there are no arguable grounds to be advanced. See 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 has been delivered to Appellant, and Appellant has been advised of his right to examine the appellate record and file a pro se brief. No pro se brief has been filed.

We have carefully reviewed the record and counsel’s brief and agree that the appeal is wholly frivolous and without merit. Further, we find nothing in the record that might arguably support the appeal. A discussion of the contentions advanced in counsel’s brief would add nothing to the jurisprudence of the state.

The judgment is affirmed.