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Bingham v. State

Court of Appeals Fifth District of Texas at Dallas
Jan 26, 2018
No. 05-17-00641-CR (Tex. App. Jan. 26, 2018)

Opinion

No. 05-17-00641-CR

01-26-2018

BRUCE EDWARD BINGHAM, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 439th Judicial District Court Rockwall County, Texas
Trial Court Cause No. 2-16-057

MEMORANDUM OPINION

Before Justices Bridges, Myers, and Schenck
Opinion by Justice Schenck

A jury convicted Bruce Edward Bingham of intoxication manslaughter with a deadly weapon, a motor vehicle. During the punishment phase, appellant pleaded true to one enhancement paragraph. The jury found the enhancement paragraph true and assessed punishment at sixty years' imprisonment and a $2,000 fine. 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, 812 (Tex. Crim. App. [Panel Op.] 1978) (determining whether brief meets requirements of Anders). Counsel delivered a copy of the brief to appellant. See Kelly v. State, 436 S.W.3d 313, 319-21 (Tex. Crim. App. 2014) (noting appellant has right to file pro se response to Anders brief filed by counsel).

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 appeal is 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 appeal.

We affirm the trial court's judgment.

/David J. Schenck/

DAVID J. SCHENCK

JUSTICE Do Not Publish
TEX. R. APP. P. 47 170641F.U05

JUDGMENT

On Appeal from the 439th Judicial District Court, Rockwall County, Texas
Trial Court Cause No. 2-16-057.
Opinion delivered by Justice Schenck. Justices Bridges and Myers participating.

Based on the Court's opinion of this date, the judgment of the trial court is AFFIRMED. Judgment entered this 26th day of January, 2018.


Summaries of

Bingham v. State

Court of Appeals Fifth District of Texas at Dallas
Jan 26, 2018
No. 05-17-00641-CR (Tex. App. Jan. 26, 2018)
Case details for

Bingham v. State

Case Details

Full title:BRUCE EDWARD BINGHAM, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Jan 26, 2018

Citations

No. 05-17-00641-CR (Tex. App. Jan. 26, 2018)