Marco Antonio Moreno, Appellant v. The State of Texas, Appellee

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Court of Appeals of Texas, Houston (1st Dist.).

Marco Antonio Moreno, Appellant v. The State of Texas, Appellee

NO. 01–14–00584–CR

Decided: September 24, 2015

Panel consists of Justices Keyes, Massengale, and Lloyd.

MEMORANDUM OPINION

A jury found appellant, Marco Antonio Moreno, guilty of the felony offense of possession of a controlled substance (cocaine) weighing one gram or more but less than four grams with intent to deliver in a drug-free zone.   See Tex. Health & Safety Code Ann. §§ 481.102(3)(D) (West 2010), 481.112(c) (West 2010), 481.134(c) (West.Supp.2014).   The court sentenced appellant to thirty-three years' imprisonment.   See Tex. Health & Safety Code Ann. §§ 481.102(6), 481.112(c), 481.134(c);  Tex. Penal Code Ann. § 12.32 (West 2011).   Appellant timely filed a notice of appeal.

Appellant's appointed counsel on appeal has filed a motion to withdraw, along with a brief stating that the record presents no reversible error and the appeal is without merit and is frivolous.   See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967).   Counsel's brief meets the Anders requirements by presenting a professional evaluation of the record and supplying us with references to the record and legal authority.   See Anders, 386 U.S. at 744, 87 S.Ct. at 1400;  see also High v. State, 573 S.W.2d 807, 812 (Tex.Crim.App.1978).   Counsel indicates that he has thoroughly reviewed the record and is unable to advance any grounds of error that warrant reversal.   See Anders, 386 U.S. at 744, 87 S.Ct. at 1400;  Mitchell v. State, 193 S.W.3d 153, 155 (Tex.App.—Houston [1st Dist.] 2006, no pet.).

We have independently reviewed the entire record in this appeal, and we conclude that no reversible error exists in the record, there are no arguable grounds for review, and the appeal is frivolous.   See Anders, 386 U.S. at 744, 87 S.Ct. at 1400 (emphasizing that reviewing court—and not counsel—determines, after full examination of proceedings, whether appeal is wholly frivolous);  Garner v. State, 300 S.W.3d 763, 767 (Tex.Crim.App.2009) (reviewing court must determine whether arguable grounds for review exist);  Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex.Crim.App.2005) (same);  Mitchell, 193 S.W.3d at 155 (reviewing court determines whether arguable grounds exist by reviewing entire record).   We note that an appellant may challenge a holding that there are no arguable grounds for appeal by filing a petition for discretionary review in the Texas Court of Criminal Appeals.   See Bledsoe, 178 S.W.3d at 827 & n.6.

We affirm the judgment of the trial court and grant counsel's motion to withdraw.*  Attorney Ariel Payan must immediately send appellant the required notice and file a copy of the notice with the Clerk of this Court.   See Tex.R.App. P. 6.5(c).

FOOTNOTES

FOOTNOTE.   Appointed counsel still has a duty to inform appellant of the result of this appeal and that he may, on his own, pursue discretionary review in the Texas Court of Criminal Appeals.   See Ex Parte Wilson, 956 S.W.2d 25, 27 (Tex.Crim.App.1997).

PER CURIAM

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