Burglary conviction affirmed on Anders brief

John Lopez v. The State of Texas (Tex.App.- Austin, Feb. 13, 2008)(Opinion by Justice Patterson)(frivolous appeal in criminal case, Anders brief, motion to withdraw)(Before Justices Patterson, Puryear and Henson)

Appeal from 331st District Court of Travis County
Disposition: Conviction affirmed

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

A jury found appellant John Lopez guilty of burglary of a habitation. See Tex. Penal Code Ann. § 30.02 (West 2003). The jury assessed and the trial court sentenced appellant to forty years' confinement.

Appellant'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, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (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, 109 S. Ct. 346, 102 L. Ed. 2d 300 (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). Appellant received a copy of counsel's brief and 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.
__________________________________________
Jan P. Patterson, Justice
Before Justices Patterson, Puryear and Henson
Affirmed
Filed: February 13, 2008
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