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Austin v. State

Court of Appeals Fifth District of Texas at Dallas
Nov 24, 2014
No. 05-13-01617-CR (Tex. App. Nov. 24, 2014)

Opinion

No. 05-13-01617-CR

11-24-2014

JESSE LEE AUSTIN, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 416th Judicial District Court Collin County, Texas
Trial Court Cause No. 416-82407-2013

MEMORANDUM OPINION

Before Justices Bridges, Lang-Miers, and Myers
Opinion by Justice Lang-Miers

Jesse Lee Austin waived a jury and pleaded guilty to theft of property having a value of less than $1,500 and having two prior theft convictions. See TEX. PENAL CODE ANN. § 31.03(a), (e)(4)(D) (West Supp. 2014). The trial court assessed punishment at eighteen months' confinement in state jail. 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, 811-12 (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. 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).

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 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.

/Elizabeth Lang-Miers/

ELIZABETH LANG-MIERS

JUSTICE
Do Not Publish
TEX. R. APP. P. 47
131617F.U05

JUDGMENT

Appeal from the 416th Judicial District Court of Collin County, Texas (Tr.Ct.No. 416-82407-2013).
Opinion delivered by Justice Lang-Miers, Justices Bridges and Myers participating.

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


Summaries of

Austin v. State

Court of Appeals Fifth District of Texas at Dallas
Nov 24, 2014
No. 05-13-01617-CR (Tex. App. Nov. 24, 2014)
Case details for

Austin v. State

Case Details

Full title:JESSE LEE AUSTIN, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Nov 24, 2014

Citations

No. 05-13-01617-CR (Tex. App. Nov. 24, 2014)