Opinion
No. 05-11-00235-CR
04-27-2012
JONATHAN FITZGERALD REYNOLDS, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 195th Judicial District Court
Dallas County, Texas
Trial Court Cause Nos. F01-73379-PN
MEMORANDUM OPINION
Before Justices Bridges, Francis, and Lang
Opinion By Justice Lang
In 2001, appellant Jonathan Fitzgerald Reynolds was convicted by a jury of aggravated sexual assault of a child younger than fourteen years. The trial court assessed punishment at twenty-five years' imprisonment and a $5,000 fine. See Footnote 1 In August 2010, appellant filed a motion for post- conviction DNA testing pursuant to chapter 64 of the Texas Code of Criminal Procedure. The State responded that there was no evidence to test. The trial judge denied appellant's motion, and this appeal followed.
Appellant's attorney filed a brief in which she 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, 811 (Tex. Crim. App. [Panel Op.] 1978). 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.
We have reviewed the record and counsel's brief. See Bledsoe v. State, 178 S.W.3d 824, 827 (Tex. Crim. App. 2005) (explaining appellate court's duty in Anders cases). We agree 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 order denying the motion for post-conviction DNA testing.
DOUGLAS S. LANG
JUSTICE
Do Not Publish
Tex. R. App. P. 47
Court of Appeals Fifth District of Texas at Dallas
JUDGMENT
JONATHAN FITZGERALD REYNOLDS, Appellant
No. 05-11-00235-CRV.
THE STATE OF TEXAS, AppelleeAppeal from the 195th Judicial District Court of Dallas County, Texas. (Tr.Ct.No. F01- 73379-PN).
Opinion delivered by Justice Lang, Justices Bridges and Francis participating.
Based on the Court's opinion of this date, the trial court's order denying the motion for post- conviction DNA testing is AFFIRMED.
Judgment entered April 27, 2012.
DOUGLAS S. LANG
JUSTICE
The conviction was affirmed by this Court. Reynolds v. State, No. 05-01-01401-CR (Tex. App.-Dallas April 14, 2003, no pet.) (not designated for publication).