Opinion
No. 05-19-00453-CR
08-05-2020
OSCAR ALEJANDRO NAVARRO, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 204th Judicial District Court Dallas County, Texas
Trial Court Cause No. F-1575671-Q
MEMORANDUM OPINION
Before Justices Osborne, Partida-Kipness, and Pedersen, III
Opinion by Justice Pedersen, III
Appellant Oscar Alejandro Navarro was indicted and charged with burglary of a habitation. On August 10, 2015, he waived his right to a jury trial and entered a plea of guilty. The trial court found the evidence sufficient to prove guilt, but it deferred adjudication and placed appellant on community supervision for eight years.
On February 6, 2019, the State filed its Motion to Proceed to Adjudication. The trial court appointed counsel for appellant and then conducted a hearing on the State's motion on April 10, 2019. After being properly admonished in writing and orally, appellant entered an open plea of true to the allegation that he had violated terms of his community supervision, including failure to report to his probation officer as required. His signed judicial confession was entered into evidence. The trial court proceeded to adjudication, found appellant guilty, and assessed his punishment at five years' confinement in the Institutional Division of the Texas Department of Criminal Justice. Appellant filed a timely notice of appeal.
In this Court, appellant's attorney filed a brief in which he concludes the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967). The brief presents a professional evaluation of the record showing why, in effect, there are no arguable grounds to advance. See High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. [Panel Op.] 1978) (determining whether brief meets requirements of Anders). Counsel delivered a copy of the brief to appellant. We advised appellant of his right to file a pro se response, but he did not file a pro se response. See Kelly v. State, 436 S.W.3d 313, 319-21 (Tex. Crim. App. 2014) (noting appellant has right to file pro se response to Anders brief filed by counsel).
We have reviewed the record and counsel's brief. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005) (explaining appellate court's duty in Anders cases). We agree that the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal.
We affirm the trial court's judgment.
/Bill Pedersen, III//
BILL PEDERSEN, III
JUSTICE 190453f.u05 Do Not Publish
TEX. R. APP. P. 47
JUDGMENT
On Appeal from the 204th Judicial District Court, Dallas County, Texas
Trial Court Cause No. F-1575671-Q.
Opinion delivered by Justice Pedersen, III. Justices Osborne and Partida-Kipness participating.
Based on the Court's opinion of this date, the judgment of the trial court is AFFIRMED. Judgment entered this 5th day of August, 2020.