Opinion i ssued November 2 1 , 2012 .

In The 

## Court of Appeals For The 

## First District of Texas

NO. 01
- 11
- 0 0 596
- CR

____________ JOSEPH LESTER ROBINSON , Appellant

V. THE STATE OF TEXAS, Appellee
On Appeal from the 23 2n d District Court

Harris County, Texas Trial Court Cause No . 12 78417

MEMORANDUM OPINION Appellant, Joseph Robinson , pleaded guilty to the burglary of a habitation and pleaded “true” to two felony enhancements

. The trial court found appellant2

guilty , found the enhancements true, and assessed punishment at 3 5 years’ confinement.
Robinson ’s appointed counsel on appeal has submitted a brief stating his professional opinion that the appeal is without merit and that there are no arguable grounds for reversal. See Anders v. California , 386 U.S. 738, 744, 87 S. Ct. 1396, 1400 (1967). In his pro se respon se to the Anders brief, Robinson contends that : (1) the trial court improperly denied hi s motion to suppress ; and (2) his trial counsel was ineffective in failing to object to certain exhibits admitted at trial and in failing to adequately cross

- examine th e State’s witnesses. A review of the record reveals no arguable ground for appeal. We therefore affirm. Background On August 31, 2010, witness Johnny O’Bryant observed a car pull up in front of the
apa rtment of Trishaul Lewis

. It was approximately 10:00a.m. and it was a sunny day

. A man later identified as Joseph Robinson got out of the passenger side of the car, walk ed up to the apartment , and kick ed the front door open . O’Bryant watched Robinson for approximately five minut es. Witness Jason O’Connor, a maintenance worker, learned of the break

- in and leaned halfway out of the back door of the leasing office to observe the back porch3

of Lewis’s apartment

. O’Connor testified to seeing “a [b] lack male wearing a white muscle sh irt and black shorts. His hands were stretched out over the guardrail and he was looking exactly in [O’Conno r’s] direction.” O’Connor also described the man as “kind of stocky, bigger than [him]” and had a few tattoos on his neck and arms. O’Connor briefl y saw the hands and face of another African American male , but both individuals went back into the apartment. Deputy Marquez was dispatched to the scene for an “in progress” event.
When he arrived , Deputy Marquez noticed that the front door of Lewis’s ap artment was broken off its frame. After determining that no suspects were in the area, he began inspecting for missing property

. Deputy Marquez saw several items lined up

at the front door of the apartment, including a television and a set of wheels and tires. He dusted them for fingerprints. Lewis testified that she lived at the apartment in question and no one other than her had a right to possess it. She did not give any consent for Robinson to be in her apartment. Lewis testified that she knew Robi nson and that he had been to the apartment once before for a ba rbeque. Lewis told Deputy Marquez that the items missing were two laptop computers, some clothing, and a lot of shoes. She later testified in court that a television, a generator, some jewelr y, tools, and some baby things were missing.4

Four days later, Deputy Marquez presented photographic lineups to O’Bryant
and O’Connor. O’Bryant described the man he saw as “short, light skinned, stocky buil[d]” and identified Robinson in a mat ter of secon ds. O’Bryant testified that he had seen Robinson on the proper ty three or four times before. O’Bryant offered inconsistent testimony as to Deputy Marquez ’s instructions, but Deputy Marquez testified that he did not instruct either witness that the suspect may or may not be in the lineup

. O’Bryant again identified Robinson in the courtroom at trial. O’Connor also identified Robinson in the photographic lineup . He said that he recognized Robinson “instantly,” and that he “knew for a fact

. . . o ne hundred percent.” He also identified Robinson in court

. Deputy Maurice Carpenter, a crime scene investigator for the Harris County Sherriff’s Office, testified about the fingerprints that Deputy Marquez recovered from the items lined up in Lewis’s apar tment. He examined two right thumb fingerprints that were lifted from a thirty

- two inch television and compared them to inked prints of Robinson, confirming a match. Robinson produced an alibi witness, Shantea Cornelius , who testified that Robinson was at her house the morning of the incident.5 Anders Procedure The brief submitted by Robinson’s court

- appointed counsel states his professional opinion that there are no arguable grounds for reversal on appeal and that any appeal would, therefore, lack merit. See Anders , 386 U.S. at 744, 87 S. Ct.
at 1400. Counsel ’ s brief meets the minimum Anders requirements by presenting a professional evaluation of the record and stating why there are no arguable grounds for reversal on appeal. See Gainous v. State , 436 S.W.2d 137, 138 (Tex. Crim. App. 1969). Counsel sent a copy of the brief to Robinson , requ ested permission to withdraw from the case, and notified Robinson of h is right to review the record and to file a pro se response. When we receive an Anders brief from a defendant ’ s court

- appointed attorney who asserts that no arguable grounds for appeal e xist, we must determine that issue independently by conducting our own review of the entire record. See Anders , 386 U.S. at 744, 87 S. Ct. at 1400 (emphasizing that reviewing court

— and
not counsel

— determines, after full examination of proceedings, whether case is

“ wholly frivolous ” ); Stafford v. State , 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). In conducting our review, we consider any pro se response that the defendant files to h er appointed counsel ’ s Anders brief. See Bledsoe v. State , 178 S.W.3d 824, 826

– 28 (Tex. Crim. App. 2005).6

Our role in this Anders appeal, which includes reviewing Robinson’s pro se response, is limited to determining whether arguable grounds for appeal exist. See id. at 827. If we determine that arguable grounds for appeal exi st, we abate the appeal and remand the case to the trial court to allow the court

- appointed attorney to withdraw. See id. The trial court then either appoints another attorney to present all arguable grounds for appeal or, if the defendant wishes, allows the defendant to
proce e d pro se. See id. We do not rule on the ultimate merits of the issues raised by Robinson in his pro se response. See id. If we determine that there are arguable grounds for appeal, Robinson is entitled to have new counsel address the merits of
the issues raised. See id. “ Only after the issues have been briefed by new counsel may [we] address t he merits of the issues raised.” Id. If, on the other hand, we determine, from our independent rev iew of the entire record, that the appeal is wholly frivolous, we may affirm the trial court ’ s judgment. See id. at 826

– 28. Robinson may challenge the holding that there are no arguable grounds for appeal in a petition for discretionary review filed in t he Court of Criminal Appeals. See id. at 827 & n.6. In accordance with Anders and Bledsoe , we have reviewed the record, Robinson’ s appointed counsel ’ s Anders brief, and Robinson’s pro se response to that brief. We conclude that no arguable ground for reve rsible error exists. Having7

reached that conclusion, we affirm the judgment of the trial court and grant Robinson’s appointed counsel ’ s motion to withdraw. 1
Conclusion We affirm the judgment of the trial co urt and grant appointed counsel’ s motion to withdraw

.

Jane Bland Justice Panel consists of Justices Bland, Massengale, and Brown. Do not publish. T EX
. R. A PP
. P. 47.2( b).

1 Appointed appellate counsel still has a duty to inform Robinson of the result of this appeal and that he may, on his own, pursue discretionary review in the Court of Criminal Appeals. See Bledsoe v. State , 178 S.W.3d 824, 827 & n.6 (Tex. Crim. App. 2005); Ex parte Wilson , 956 S.W.2d 25, 27 (Tex. Crim. App. 1997); Stephens v. State , 35 S.W.3d 770, 771

– 72 (Tex. App.

— Houston [1st Dist.] 2000, no pet.).