Opinion
Nos. 05-07-01340-CR, 05-07-01341-CR, 05-07-01342-CR
Opinion Filed January 26, 2009. DO NOT PUBLISH Tex. R. App. P. 47
On Appeal from the Criminal District Court, Dallas County, Texas, Trial Court Cause Nos. F07-33480-LH, F05-43509-VH, F04-74150-WH.
Before Justices BRIDGES, RICHTER, and MAZZANT. Opinion By Justice RICHTER.
MEMORANDUM OPINION
Russell Louis Briscoe appeals from his convictions for theft of property of an elderly person in an amount of $20,000 or more, but less than $100,000 and theft of property of an elderly person in an amount of $1500 or more, but less than $20,000. On appeal, appellant's attorney filed a brief in which he concludes these 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 (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. In cause no. 05-07-01340-CR, appellant was sentenced to ten years' imprisonment and a $1500 fine pursuant to a plea agreement. In cause no. 05-07-01342-CR, after revoking appellant's community supervision, the trial court assessed punishment at ten years' imprisonment pursuant to a plea agreement. In both cases, the trial court certified appellant has no right of appeal because these are plea bargain cases and appellant waived the right of appeal. See Tex. R. App. P. 25.2(a)(2)(B). Thus, we dismiss the appeal in each case for lack of jurisdiction. In cause no. 05-07-01341-CR, we have reviewed the records and counsel's brief. See Bledsoe v. State, 178 S.W.3d 824 (Tex.Crim.App. 2005). We agree the appeal in this case is frivolous and without merit. We find nothing in the record that might arguably support the appeal. We affirm the trial court's judgment.