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Oliver v. State

Court of Appeals Fifth District of Texas at Dallas
Oct 28, 2013
No. 05-12-01459-CR (Tex. App. Oct. 28, 2013)

Opinion

No. 05-12-01459-CR

10-28-2013

KAYLON LEREY OLIVER, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the Criminal District Court No. 3

Dallas County, Texas

Trial Court Cause No. F12-28089-J


MEMORANDUM OPINION


Before Justices FitzGerald, Francis, and Myers

Opinion by Justice FitzGerald

Kaylon Lerey Oliver waived a jury and pleaded guilty to aggravated assault with a deadly weapon, a motor vehicle. See TEX. PENAL CODE ANN. § 22.02(a) (West 2011). The trial court assessed punishment at fifteen years' imprisonment. 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.

______________

KERRY P. FITZGERALD

JUSTICE
Do Not Publish
TEX. R. APP. P. 47
121459F.U05

JUDGMENT

KAYLON LEREY OLIVER, Appellant

V. THE STATE OF TEXAS, Appellee No. 05-12-01459-CR

Appeal from the Criminal District Court

No. 3 of Dallas County, Texas (Tr.Ct.No.

F12-28089-J).

Opinion delivered by Justice FitzGerald,

Justices Francis and Myers participating.

Based on the Court's opinion of this date, the trial court's judgment is AFFIRMED.

______________

KERRY P. FITZGERALD

JUSTICE


Summaries of

Oliver v. State

Court of Appeals Fifth District of Texas at Dallas
Oct 28, 2013
No. 05-12-01459-CR (Tex. App. Oct. 28, 2013)
Case details for

Oliver v. State

Case Details

Full title:KAYLON LEREY OLIVER, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Oct 28, 2013

Citations

No. 05-12-01459-CR (Tex. App. Oct. 28, 2013)