v.
State
Court of Appeals
Sixth Appellate District of Texas at Texarkana
06-19-00234-CR
GABRIEL LOGAN OROCIO, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 5th District Court
Cass County, Texas
Trial Court No. 2019F00125
Before Morriss, C.J., Stevens and Carter,* JJ.
Memorandum Opinion by Chief Justice Morriss
________________________________________ *Jack Carter, Justice, Retired, Sitting by Assignment
MEMORANDUM OPINION
A Cass County jury convicted Gabriel Logan Orocio of aggravated sexual assault of a child, a first-degree felony. See TEX. PENAL CODE ANN. § 22.021(a)(1). The trial court imposed the jury’s assessed sentence of twenty-five years’ imprisonment. Orocio appeals.[1]
Orocio’s attorney on appeal has filed a brief stating that he has reviewed the record and has found no genuinely arguable issues that could be raised. The brief sets out the procedural history of the case and summarizes the evidence elicited during the trial court proceedings. Since counsel has provided a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced, he has met the requirements of Anders v. California. See Anders v. California, 386 U.S. 738, 743–44 (1967); In re Schulman, 252 S.W.3d 403, 406 (Tex. Crim. App. 2008) (orig. proceeding); Stafford v. State, 813 S.W.2d 503, 509–10 (Tex. Crim. App. 1991); High v. State, 573 S.W.2d 807, 812–13 (Tex. Crim. App. [Panel Op.] 1978). Counsel also filed a motion with this Court seeking to withdraw as counsel in this appeal.
On March 24, 2020, counsel certified that he mailed to Orocio a copy of the brief, the motion to withdraw, and a motion for pro se access to the appellate record lacking only Orocio’s signature. Orocio was informed of his right to review the record and file a pro se response. On April 14, 2020, Orocio filed his motion for pro se access to the appellate record. On April 20, this Court granted Orocio’s motion for pro se access to the appellate record, reciting that, on April 16, 2020, counsel mailed a complete paper copy of the appellate record to Orocio. The order set a June 5, 2020, deadline for Orocio to file a pro se response to his counsel’s Anders brief. On July 14, 2020, this Court further informed Orocio that the case would be set for submission on the briefs on August 4, 2020. We received neither a pro se response from Orocio nor a motion requesting an extension of time in which to file such a response.
We have determined that this appeal is wholly frivolous. We have independently reviewed the entire appellate record and, like counsel, have determined that no arguable issue supports an appeal. See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005). In the Anders context, once we determine that the appeal is without merit, we must affirm the trial court’s judgment. Id.
We affirm the judgment of the trial court.[2]
Josh R. Morriss, III Chief Justice Date Submitted: August 4, 2020 Date Decided: August 12, 2020 Do Not Publish