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Cagle v. State

Court of Appeals Fifth District of Texas at Dallas
Aug 4, 2014
No. 05-13-00923-CR (Tex. App. Aug. 4, 2014)

Opinion

No. 05-13-00923-CR No. 05-13-00933-CR

08-04-2014

REBECCA JEAN CAGLE, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 203rd Judicial District Court Dallas County, Texas
Trial Court Cause Nos. F11-45513-P, F10-11213-P

MEMORANDUM OPINION

Before Justices Moseley, O'Neill, and FitzGerald
Opinion by Justice O'Neil

Rebecca Jean Cagle appeals from the adjudication of her guilt for theft of property less than $1,500, having two prior theft convictions and theft of property valued at $1,500 or more but less than $20,000. See TEX. PENAL CODE ANN. § 31.03(a), (e)(4) (West Supp. 2013). The trial court assessed punishment at two years' confinement in state jail in each case. 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. We advised appellant of her right to file a pro se response, but she did not file a pro se response. See Kelly v. State, 2014 WL 2865901 (Tex. Crim. App. June 25, 2014) (identifying duties of appellate courts and appellate 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 appeals are frivolous and without merit. We find nothing in the record that might arguably support the appeals.

We affirm the trial court's judgments.

/Michael J. O'Neill/

MICHAEL J. O'NEILL

JUSTICE
Do Not Publish
TEX. R. APP. P. 47
130923F.U05

JUDGMENT

Appeal from the 203rd Judicial District Court of Dallas County, Texas (Tr.Ct.No. F11-45513-P).
Opinion delivered by Justice O'Neill, Justices Moseley and FitzGerald participating.

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

Judgment entered August 4, 2014.

JUDGMENT

Appeal from the 203rd Judicial District Court of Dallas County, Texas (Tr.Ct.No. F10-11213-P).
Opinion delivered by Justice O'Neill, Justices Moseley and FitzGerald participating.

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

Judgment entered August 4, 2014.


Summaries of

Cagle v. State

Court of Appeals Fifth District of Texas at Dallas
Aug 4, 2014
No. 05-13-00923-CR (Tex. App. Aug. 4, 2014)
Case details for

Cagle v. State

Case Details

Full title:REBECCA JEAN CAGLE, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Aug 4, 2014

Citations

No. 05-13-00923-CR (Tex. App. Aug. 4, 2014)