Opinion
No. 05-11-01202-CR
03-02-2012
MICHAEL DUANE FRANKLIN, Appellant v. THE STATE OF TEXAS, Appellee
AFFIRM; Opinion Filed March 2, 2012.
On Appeal from the 265th Judicial District Court
Dallas County, Texas
Trial Court Cause No. F10-52722-R
MEMORANDUM OPINION
Before Justices Moseley, Lang-Miers, and Murphy
Opinion By Justice Moseley
Michael Duane Franklin waived a jury, pleaded guilty to robbery, and pleaded true to one enhancement paragraph. After finding appellant guilty and the enhancement paragraph true, the trial court assessed punishment at eight years' imprisonment and a $2,500 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, 811 (Tex. Crim. App. [Panel Op.] 1978). Counsel delivered a copy of the brief to appellant. Appellant filed a pro se response raising several issues. A court of appeals is not required to address the merits of claims raised in a pro se response. See Bledsoe v. State, 178 S.W.3d 824, 827 (Tex. Crim. App. 2005) (explaining appellate court's duty in Anders cases). Rather, the Court's duty is to determine whether there are any arguable issues, and, if so, to remand the case to the trial court so that new counsel may be appointed to address those issues. Id.
After reviewing counsel's brief, appellant's pro se response, and the record, 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.
JIM MOSELEY
JUSTICE
Do Not Publish
Tex. R. App. P. 47
111202f.u05
Court of Appeals Fifth District of Texas at Dallas JUDGMENT
MICHAEL DUANE FRANKLIN, Appellant
V.
THE STATE OF TEXAS, Appellee
No. 05-11-01202-CR
Appeal from the 265th Judicial District Court of Dallas County, Texas. (Tr.Ct.No. F10- 52722-R).
Opinion delivered by Justice Moseley, Justices Lang-Miers and Murphy participating.
Based on the Court's opinion of this date, the judgment of the trial court is AFFIRMED.
Judgment entered March 2, 2012.
JIM MOSELEY
JUSTICE