v.
the State of Texas
In the
Court of Appeals
for the
First District of Texas
————————————
NO. 01-24-00250-CR
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CIRILO GOMEZ-LAGUNAS, Appellant
v.
THE STATE OF TEXAS, Appellee
On Appeal from the 488th District Court
Harris County, Texas
Trial Court Case No. 1749854
MEMORANDUM OPINION
The trial court found appellant, Cirilo Gomez-Lagunas, guilty of the felony offense of murder, see TEX. PENAL CODE § 19.02, and sentenced him to 35 years in prison. 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 frivolous. See Anders v. California, 386 U.S. 738, 744-45 (1967).
Counsel’s brief meets the Anders requirements by presenting a professional evaluation of the record and supplying the Court with references to the record and legal authority. See id. at 744; High v. State, 573 S.W.2d 807, 811-12 (Tex. Crim. App. 1978); Ndjock v. State, No. 01-23-00441-CR, 2024 WL 4701489 (Tex. App.—Houston [1st Dist.] Nov. 7, 2024, pet. ref’d) (mem. op., not designated for publication). 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; Ndjock, 2024 WL 4701489, at *1; Mitchell v. State, 193 S.W.3d 153, 155 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
Counsel has informed the Court that he provided appellant with a copy of his Anders brief and motion to withdraw. Counsel also informed appellant of his right to examine the appellate record and file a response to counsel’s Anders brief. Further, counsel provided appellant with a copy of the appellate record and a form motion to access the appellate record. See Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014); In re Schulman, 252 S.W.3d 403, 408 (Tex. Crim. App. 2008). Appellant has not filed a response to his counsel’s Anders brief.
[*2]We have independently reviewed the entire record, 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 (emphasizing 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) (stating that 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 155-56 (same). Appellant may challenge a holding that there are no arguable grounds for an appeal by filing a petition for discretionary review in the Texas Court of Criminal Appeals. Bledsoe, 178 S.W.3d at 827 & n.6.
Conclusion
We affirm the judgment of the trial court and grant appellant’s appointed counsel’s motion to withdraw.[1] Attorney Andrew J. Williams 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). We dismiss any other pending motions as moot.
[*3]PER CURIAM Panel consists of Justices Guerra, Caughey, and Dokupil. Do not publish. TEX. R. APP. P. 47.2(b).
[*4]