Opinion
No. 05-19-00486-CR
05-29-2020
ETHAN CHRISTIAN CARLES, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 15th Judicial District Court Grayson County, Texas
Trial Court Cause No. 070011
MEMORANDUM OPINION
Before Justices Whitehill, Osborne, and Carlyle
Opinion by Justice Carlyle
Appellant Ethan Christian Carles entered an open plea of guilty to aggravated assault with a deadly weapon. The trial court found Mr. Carles guilty and assessed punishment at twelve years' imprisonment.
On appeal, Mr. Carles's court-appointed appellate counsel has filed a brief concluding "no arguable issues exist in the case of reversible error." The brief presents a professional evaluation of the record showing why there are no arguable grounds to advance and meets the requirements of Anders v. California, 386 U.S. 738 (1967). See High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. [Panel Op.] 1978) (determining whether brief meets Anders requirements).
Counsel provided Mr. Carles with a copy of the brief and, by letter dated December 9, 2019, we advised Mr. Carles of his right to file a pro se response by January 3, 2020. See Kelly v. State, 436 S.W.3d 313, 319-21 (Tex. Crim. App. 2014) (noting appellant has right to file pro se response to Anders brief filed by counsel). We advised Mr. Carles that failure to file a pro se response by that date would result in the case being submitted on the Anders brief alone. Mr. Carles did not file a response.
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 find nothing in the record that might arguably support the appeal, conclude there are no non-frivolous issues counsel could have raised, and affirm the trial court's judgment.
/Cory L. Carlyle/
CORY L. CARLYLE
JUSTICE Do Not Publish
TEX. R. APP. P. 47.2(b)
190486F.U05
JUDGMENT
On Appeal from the 15th Judicial District Court, Grayson County, Texas
Trial Court Cause No. 070011.
Opinion delivered by Justice Carlyle. Justices Whitehill and Osborne participating.
Based on the Court's opinion of this date, the judgment of the trial court is AFFIRMED. Judgment entered this 29th day of May, 2020.