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Gabriel v. State

Court of Appeals Fifth District of Texas at Dallas
Jul 25, 2014
No. 05-12-01246-CR (Tex. App. Jul. 25, 2014)

Opinion

No. 05-12-01246-CR

07-25-2014

ALEXANDER JAMES GABRIEL, Appellant v. THE STATE OF TEXAS, Appellee


Affirmed and Opinion Filed July 25, 2014

On Appeal from the 401st Judicial District Court Collin County, Texas
Trial Court Cause No. 401-81517-10

MEMORANDUM OPINION

Before Chief Justice Wright and Justices Myers and Evans
Opinion by Chief Justice Wright

Alexander James Gabriel appeals from the adjudication of his guilt for robbery. See TEX. PENAL CODE ANN. § 29.02 (West 2011). The trial court assessed punishment at fourteen years' imprisonment. 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 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 Do Not Publish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
121246F.U05

/s/_________

CAROLYN WRIGHT

CHIEF JUSTICE

JUDGMENT

Appeal from the 401st Judicial District Court of Collin County, Texas (Tr.Ct.No. 401-81517-10).
Opinion delivered by Chief Justice Wright, Justices Myers and Evans participating.

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


Summaries of

Gabriel v. State

Court of Appeals Fifth District of Texas at Dallas
Jul 25, 2014
No. 05-12-01246-CR (Tex. App. Jul. 25, 2014)
Case details for

Gabriel v. State

Case Details

Full title:ALEXANDER JAMES GABRIEL, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Jul 25, 2014

Citations

No. 05-12-01246-CR (Tex. App. Jul. 25, 2014)