Juan Roberto Ramos Rodriguez v. The State of Texas--Appeal from 20th District Court of Milam County

State: Texas

Court: Texas Northern District Court

Docket No: 03-05-00042-CR

Case Date: 11/08/2006

Plaintiff: Jose Julio Arce

Defendant: The State of Texas--Appeal from 175th Judicial District Court of Bexar County

Preview:Jose Julio Arce v. The State of Texas--Appeal from 175th Judicial District Court of Bexar County
No. 04-02-00146-CR Jose Julio ARCE, Appellant v. The STATE of Texas, Appellee From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 1998-CR-6166 Honorable Mary Roman, Judge Presiding Opinion by: Catherine Stone, Justice Sitting: Catherine Stone, Justice Paul W. Green, Justice Sarah B. Duncan, Justice Delivered and Filed: September 4, 2002 AFFIRMED Jose Julio Arce is incarcerated following his conviction for aggravated sexual assault of a child. Arce filed a motion requesting DNA testing of the biological evidence collected in this case pursuant to articles 64.01 and 64.02 of the Texas Code of Criminal Procedure. See Tex. Code Crim. Proc. Ann. arts. 64.01, 64.02 (Vernon Supp. 2002). In its response to the motion, the State informed the court that no physical evidence of the sort described in the motion exists or has ever existed. The court denied the motion for DNA testing after finding that the evidence sought to be tested does not exist. Arce's court-appointed appellate attorney filed a brief containing a professional evaluation of the record and demonstrating that there are no arguable grounds to be advanced. Counsel concludes that the appeal is without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967). A copy of counsel's brief was delivered to Arce, who was advised of his right to examine the record and to file a pro se brief. No pro se brief has been filed. After reviewing the record, we agree that the appeal is frivolous and without merit. The order of the trial court is affirmed. Furthermore, we GRANT counsel's motion to withdraw. Nichols v. State, 954 S.W.2d 83, 86 (Tex. App.--San Antonio 1997, no pet.); Bruns v. State, 924 S.W.2d 176, 177 n. 1 (Tex. App.--San Antonio 1996, no pet.). Catherine Stone, Justice DO NOT PUBLISH

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