From Casetext: Smarter Legal Research

Farr v. State

Court of Appeals Fifth District of Texas at Dallas
Sep 11, 2014
No. 05-13-01461-CR (Tex. App. Sep. 11, 2014)

Opinion

No. 05-13-01461-CR No. 05-13-01462-CR

09-11-2014

KENNETH AVERY FARR, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 292nd Judicial District Court Dallas County, Texas
Trial Court Cause Nos. F13-55168-V, F13-57650-V

MEMORANDUM OPINION

Before Justices O'Neill, Lang-Miers, and Brown
Opinion by Justice Lang-Miers

Kenneth Avery Farr waived a jury, pleaded guilty to theft of property less than $1,500, having two prior theft convictions, and forgery by check. See TEX. PENAL CODE ANN. §§ 31.03(a), (e)(4), 32.21(b), (d) (West 2011 & Supp. 2014). Also, in each case, appellant pleaded true to two enhancement paragraphs alleging prior state jail felony convictions. After finding appellant guilty, the trial court assessed punishment at four years' imprisonment for the theft and five years' imprisonment for the forgery. See TEX. PENAL CODE ANN. § 12.425(a) (West Supp. 2014). 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. See Kelly v. State, 2014 WL 2865901 (Tex. Crim. App. June 25, 2014) (identifying duties of appellate courts and counsel in Anders cases).

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 appeals are 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 appeals.

We affirm the trial court's judgments.

/Elizabeth Lang-Miers/

ELIZABETH LANG-MIERS

JUSTICE
Do Not Publish
TEX. R. APP. P. 47
131461F.U05

JUDGMENT

Appeal from the 292nd Judicial District Court of Dallas County, Texas (Tr.Ct.No. F13-55168-V).
Opinion delivered by Justice Lang-Miers, Justices O'Neill and Brown participating.

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

JUDGMENT

Appeal from the 292nd Judicial District Court of Dallas County, Texas (Tr.Ct.No. F13-57650-V).
Opinion delivered by Justice Lang-Miers, Justices O'Neill and Brown participating.

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


Summaries of

Farr v. State

Court of Appeals Fifth District of Texas at Dallas
Sep 11, 2014
No. 05-13-01461-CR (Tex. App. Sep. 11, 2014)
Case details for

Farr v. State

Case Details

Full title:KENNETH AVERY FARR, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Sep 11, 2014

Citations

No. 05-13-01461-CR (Tex. App. Sep. 11, 2014)