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Stuart v. State

Court of Appeals Fifth District of Texas at Dallas
Feb 25, 2015
No. 05-13-00978-CR (Tex. App. Feb. 25, 2015)

Opinion

No. 05-13-00978-CR No. 05-13-00979-CR

02-25-2015

ROY CURTIS STUART, JR., Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the Criminal District Court No. 7 Dallas County, Texas
Trial Court Cause Nos. F13-52718-Y, F13-52719-Y

MEMORANDUM OPINION

Before Chief Justice Wright and Justices Myers and Brown
Opinion by Chief Justice Wright

A jury convicted Roy Curtis Stuart, Jr. of unlawful possession of a firearm by a felon and possession with intent to deliver heroin in an amount less than one gram. See TEX. PENAL CODE ANN. § 46.04(a) (West 2011); TEX. HEALTH & SAFETY CODE ANN. § 481.112(a), (b) (West 2010). The jury found two enhancement paragraphs true in each case, and assessed punishment at forty-five years' imprisonment on the firearms offense and twenty years' imprisonment on the heroin offense.

On appeal, appellant's attorney filed a brief in which she 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. See Kelly v. State, 436 S.W.3d 313, 319-21 (Tex. Crim. App. 2014) (identifying duties of appellate courts and counsel in Anders cases).

Appellant filed a pro se response raising several issues After reviewing counsel's brief, appellant's pro se response, and the record, we agree the appeals are frivolous and without merit. 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 appeals.

We affirm the trial court's judgments. Do Not Publish
TEX. R. APP. P. 47
130978F.U05

/Carolyn Wright/

CAROLYN WRIGHT

CHIEF JUSTICE

JUDGMENT

Appeal from the Criminal District Court No. 7 of Dallas County, Texas (Tr.Ct.No. F13-52718-Y).
Opinion delivered by Chief Justice Wright, Justices Myers and Brown participating.

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

JUDGMENT

Appeal from the Criminal District Court No. 7 of Dallas County, Texas (Tr.Ct.No. F13-52719-Y).
Opinion delivered by Chief Justice Wright, Justices Myers and Brown participating.

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


Summaries of

Stuart v. State

Court of Appeals Fifth District of Texas at Dallas
Feb 25, 2015
No. 05-13-00978-CR (Tex. App. Feb. 25, 2015)
Case details for

Stuart v. State

Case Details

Full title:ROY CURTIS STUART, JR., Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Feb 25, 2015

Citations

No. 05-13-00978-CR (Tex. App. Feb. 25, 2015)