Opinion
No. 05-13-01170-CR
07-25-2014
KERRY WAYNE CLARK, Appellant v. THE STATE OF TEXAS, Appellee
Affirmed and Opinion Filed July 25, 2014
On Appeal from the 194th Judicial District Court
Dallas County, Texas
Trial Court Cause No. F13-54259-M
MEMORANDUM OPINION
Before Justices Bridges, Francis, and Lang-Miers
Opinion by Justice Francis
Kerry Wayne Clark waived a jury and pleaded guilty to theft, having two prior theft convictions. The trial court assessed punishment at confinement in state jail for one year. On appeal, appellant's attorney filed a brief in which he 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, 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 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. Do Not Publish
TEX. R. APP. P. 47
131170F.U05
__________
MOLLY FRANCIS
JUSTICE
JUDGMENT
KERRY WAYNE CLARK, Appellant
V. THE STATE OF TEXAS, Appellee No. 05-13-01170-CR
Appeal from the 194th Judicial District
Court of Dallas County, Texas (Tr.Ct.No.
F13-54259-M).
Opinion delivered by Justice Francis,
Justices Bridges and Lang-Miers
participating.
Based on the Court's opinion of this date, the trial court's judgment is AFFIRMED.