Opinion
No. 05-11-00392-CR
05-30-2012
KENNIS GATSON, Appellant v. THE STATE OF TEXAS, Appellee
AFFIRMED; Opinion Filed May 30, 2012.
On Appeal from the Criminal District Court No. 7
Dallas County, Texas
Trial Court Cause No. F10-55338-K
MEMORANDUM OPINION
Before Justices O'Neill, Richter, and Lang-Miers
Opinion By Justice Lang-Miers
A jury convicted Kennis Gatson of aggravated sexual assault with a deadly weapon, a knife. See Tex. Penal Code Ann. § 22.021(a)(1)(A)(ii) (West 2011). The jury found two enhancement paragraphs true and assessed punishment at seventy-five years' imprisonment. 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.
ELIZABETH LANG-MIERS
JUSTICE
Do Not Publish
Tex. R. App. P. 47
110392F.U05
Court of Appeals Fifth District of Texas at Dallas JUDGMENT
KENNIS GATSON, Appellant
V.
THE STATE OF TEXAS, Appellee
No. 05-11-00392-CR
Appeal from the Criminal District Court No. 7 of Dallas County, Texas. (Tr.Ct.No. F10- 55338-K).
Opinion delivered by Justice Lang-Miers, Justices O'Neill and Richter participating.
Based on the Court's opinion of this date, the judgment of the trial court is AFFIRMED.
Judgment entered May 30, 2012.
ELIZABETH LANG-MIERS
JUSTICE