In re Joe Louis Champion--Appeal from 185th District Court of Harris County

State: Texas

Court: Texas Northern District Court

Docket No: 01-10-00665-CR

Case Date: 08/26/2010

Plaintiff: Arturo Luera

Defendant: The State of Texas--Appeal from 412th District Court of Brazoria County

Preview:Affirmed as Reformed and Memorandum Opinion filed May 5, 2011.

In The

Fourteenth Court of Appeals
____________ NO. 14-10-00576-CR ____________ ARTURO LUERA, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 412th District Court Brazoria County, Texas Trial Court Cause No. 60,562

MEMORANDUM OPINION
A jury convicted appellant of two counts of aggravated assault. On the first count, the jury found a deadly weapon (a vehicle) was used and sentenced appellant to confinement for sixty-eight years in the Institutional Division of the Texas Department of Criminal Justice. On the second count, the jury found a deadly weapon (a knife) was used and sentenced appellant to confinement for forty-five years in the Institutional Division of the Texas Department of Criminal Justice. On both counts, the jury assessed a fine of $10,000 and found family violence was involved in the commission of the offense. The

judgment provides the sentences are to run concurrently. Appellant filed a timely notice of appeal. Appellant's appointed counsel filed a brief in which he concludes the appeal is wholly frivolous and without merit. The brief meets the requirement of Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967), presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). A copy of counsel's brief was delivered to appellant. Appellant was advised of the right to examine the appellate record and file a pro se response. See Stafford v. State, 813 S.W.2d 503, 510 (Tex. Crim. App. 1991). At appellant's request, the record was provided to him. On March 10, 2011, appellant filed a pro se response to counsel's brief. We have carefully reviewed the record, counsel's brief, and appellant's response, and agree the appeal is wholly frivolous and without merit. Further, we find no reversible error in the record. A discussion of the brief would add nothing to the jurisprudence of the state. We are not to address the merits of each claim raised in an Anders brief or a pro se response when we have determined there are no arguable grounds for review. See Bledsoe v. State, 178 S.W.3d 824, 827

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