Opinion
No. 05-11-01090-CR
07-31-2012
KENNETH WAYNE HERFORD, Appellant v. THE STATE OF TEXAS, Appelle
AFFIRM; Opinion issued July 31, 2012
On Appeal from the Criminal District Court No. 3
Dallas County, Texas
Trial Court Cause No. F10-54972-J
MEMORANDUM OPINION
Before Justices FitzGerald, Murphy, and Fillmore
Opinion By Justice Murphy
Kenneth Wayne Herford appeals from the adjudication of his guilt for assault family violence by impeding breathing and circulation. See Tex. Penal Code Ann. § 22.01(a)(1), (b)(2) (West 2011); Tex. Fam. Code Ann. § 71.004(1) (West 2008). On appeal, appellant's attorney filed a brief in which she concludes the appeal is 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. We have reviewed the record and counsel's brief. See Bledsoe v. State, 178 S.W.3d 824, 827 (Tex. Crim. App. 2005) (explaining appellate court's duty in Anders cases). We agree the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal.
We affirm the trial court's judgment.
MARY MURPHY
JUSTICE
Do Not Publish
Tex. R. App. P. 47
111090F.U05
Court of Appeals Fifth District of Texas at Dallas JUDGMENT
KENNETH WAYNE HERFORD, Appellant
V.
THE STATE OF TEXAS, Appellee
No. 05-11-01090-CR
Appeal from the Criminal District Court No. 3 of Dallas County, Texas. (Tr.Ct.No. F10- 54972-J).
Opinion delivered by Justice Murphy, Justices FitzGerald and Fillmore participating.
Based on the Court's opinion of this date, the judgment of the trial court is AFFIRMED.
Judgment entered July 31, 2012.
MARY MURPHY
JUSTICE