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Berry v. State

Court of Appeals of Texas, Fifth District, Dallas
Mar 29, 2006
Nos. 05-05-00118-CR, 05-05-00119-CR, 05-05-00121-CR, 05-05-00122-CR, 05-05-00120-CR (Tex. App. Mar. 29, 2006)

Opinion

Nos. 05-05-00118-CR, 05-05-00119-CR, 05-05-00121-CR, 05-05-00122-CR, 05-05-00120-CR

Opinion Filed March 29, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.

On Appeal from the 292nd Judicial District Court, Dallas County, Texas, Trial Court Cause Nos. F02-21416-MV, F02-73196-PV, F02-73493-RV, F03-25912-UV, F03-25913-UV. Affirmed.

Before Justices WHITTINGTON, BRIDGES, and LANG-MIERS.


MEMORANDUM OPINION


Chrysippus Lamarco Berry pleaded guilty to two state jail felony thefts of property valued at $1500 or more but less than $20,000; a third-degree felony theft of property having an aggregate value of $20,000 or more but less than $100,000; burglary of a building; and evading arrest or detention using a motor vehicle. Pursuant to plea agreements, the trial court assessed punishment at two years' confinement in a state jail, probated for five years, and a $1500 fine in the two state jail felony theft, burglary of a building, and evading arrest or detention cases. Also pursuant to a plea agreement, the judge assessed punishment at ten years' imprisonment, probated for ten years, and a $1500 fine in the third-degree felony theft case. The State later moved to revoke appellant's probation in each case, alleging appellant committed a new offense. The judge revoked appellant's probation and sentenced appellant to two years' confinement in a state jail for the two state jail felony theft, burglary of a building, and evading arrest or detention offenses. The judge sentenced appellant to seven years' imprisonment for the third-degree felony theft. Appellant's attorney filed briefs in which he concludes the appeals are wholly frivolous and without merit. The briefs meet the requirements of Anders v. California, 386 U.S. 738 (1967). The briefs present 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 briefs to appellant. Appellant has filed a pro se response raising several issues. We have reviewed the record, counsel's brief, and appellant's pro se response. See Bledsoe v. State, 178 S.W.3d 824 (Tex.Crim.App. 2005). We agree the appeals are frivolous and without merit. We find nothing in the records that might arguably support the appeals. We affirm the trial court's judgments.

The state jail felony thefts are cause nos. 05-05-00118-CR and 05-05-00120-CR. The third-degree felony theft is cause no. 05-05-00119-CR. The burglary of a building is cause no. 05-05-00121-CR. The evading arrest or detention is cause no.


Summaries of

Berry v. State

Court of Appeals of Texas, Fifth District, Dallas
Mar 29, 2006
Nos. 05-05-00118-CR, 05-05-00119-CR, 05-05-00121-CR, 05-05-00122-CR, 05-05-00120-CR (Tex. App. Mar. 29, 2006)
Case details for

Berry v. State

Case Details

Full title:CHRYSIPPUS LAMARCO BERRY, Appellant, v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Mar 29, 2006

Citations

Nos. 05-05-00118-CR, 05-05-00119-CR, 05-05-00121-CR, 05-05-00122-CR, 05-05-00120-CR (Tex. App. Mar. 29, 2006)