Opinion
No. 05-13-01591-CR No. 05-13-01592-CR
07-28-2014
JOHN ELLSWORTH BLACK, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 1
Dallas County, Texas
Trial Court Cause Nos. F12-42003-H, F13-25019-H
MEMORANDUM OPINION
Before Justices Lang, Myers, and Brown
Opinion by Justice Myers
John Ellsworth Black appeals his convictions for theft of property. In cause no. 05-13-01591-CR, appellant waived a jury, pleaded guilty to theft of property valued less than $1,500, having two prior theft convictions, and pleaded true to two enhancement paragraphs. See TEX. PENAL CODE ANN. § 31.03(a), (e)(4) (West Supp. 2013). Pursuant to a plea agreement, the trial court assessed punishment at ten years' imprisonment, probated for four years, and a $2,000 fine. The trial court later revoked appellant's community supervision finding that he violated several conditions of community supervision, including committing a new theft offense. The trial court assessed punishment at seven years' imprisonment.
In cause no. 05-13-01592-CR, appellant waived a jury, pleaded guilty to theft of property valued less than $1,500, having two prior theft convictions, and pleaded true to two enhancement paragraphs. See id. The trial court assessed punishment at seven years' imprisonment.
On appeal, appellant's attorney filed a brief in which he concludes the appeals are wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967). The brief presents a professional evaluation of the record showing why, in effect, there are no arguable grounds to advance. See High v. State, 573 S.W.2d 807, 811-12 (Tex. Crim. App. [Panel Op.] 1978). Counsel delivered a copy of the brief to appellant. We advised appellant of his right to file a pro se response, but he did not file a pro se response. See Kelly v. State, 2014 WL 2865901 (Tex. Crim. App. June 25, 2014) (identifying duties of appellate courts and counsel in Anders cases).
We have reviewed the record and counsel's brief. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005) (explaining appellate court's duty in Anders cases). We agree the appeals are frivolous and without merit. We find nothing in the record that might arguably support the appeals.
We affirm the trial court's judgments.
/ Lana Myers/
LANA MYERS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
131591F.U05
JUDGMENT
Appeal from the Criminal District Court No. 1 of Dallas County, Texas (Tr.Ct.No. F12-42003-H).
Opinion delivered by Justice Myers, Justices Lang and Brown participating.
Based on the Court's opinion of this date, the trial court's judgment is AFFIRMED.
Judgment entered July 28, 2014.
JUDGMENT
Appeal from the Criminal District Court No. 1 of Dallas County, Texas (Tr.Ct.No. F13-25019-H).
Opinion delivered by Justice Myers, Justices Lang and Brown participating.
Based on the Court's opinion of this date, the trial court's judgment is AFFIRMED.
Judgment entered July 28, 2014.