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Grace v. State

Court of Appeals Fifth District of Texas at Dallas
Sep 11, 2014
No. 05-13-01464-CR (Tex. App. Sep. 11, 2014)

Opinion

No. 05-13-01464-CR

09-11-2014

LARRY LEE GRACE, JR., Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 265th Judicial District Court Dallas County, Texas
Trial Court Cause No. F12-54162-R

MEMORANDUM OPINION

Before Chief Justice Wright and Justices FitzGerald and Fillmore
Opinion by Justice Fillmore

Larry Lee Grace, Jr. appeals from the adjudication of his guilt for aggravated assault with a deadly weapon. See TEX. PENAL CODE ANN. § 22.02(a) (West 2011). The trial court assessed punishment at ten years' imprisonment. On appeal, Grace'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 Grace. We advised Grace 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.

/Robert M. Fillmore/

ROBERT M. FILLMORE

JUSTICE
Do Not Publish
TEX. R. APP. P. 47
131464F.U05

JUDGMENT

Appeal from the 265th Judicial District Court of Dallas County, Texas (Tr.Ct.No. F12-54162-R).
Opinion delivered by Justice Fillmore, Chief Justice Wright and Justice FitzGerald participating.

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


Summaries of

Grace v. State

Court of Appeals Fifth District of Texas at Dallas
Sep 11, 2014
No. 05-13-01464-CR (Tex. App. Sep. 11, 2014)
Case details for

Grace v. State

Case Details

Full title:LARRY LEE GRACE, JR., Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Sep 11, 2014

Citations

No. 05-13-01464-CR (Tex. App. Sep. 11, 2014)