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High v. State

Court of Appeals of Texas, Fifth District, Dallas
Oct 28, 2011
No. 05-10-01630-CR (Tex. App. Oct. 28, 2011)

Opinion

No. 05-10-01630-CR

Opinion Filed October 28, 2011. DO NOT PUBLISH. Tex. R. App. P. 47.

On Appeal from the Criminal District Court No. 6, Dallas County, Texas, Trial Court Cause No. F07-30737-X.

Before Justices MOSELEY, LANG, and MYERS.


MEMORANDUM OPINION


Earnest Earl High waived a jury and pleaded nolo contendere to aggravated assault causing serious bodily injury. See Tex. Penal Code Ann. § 22.02(a)(1) (West 2011). The trial court assessed punishment at ten years' imprisonment. 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. We advised appellant of his right to file a pro se response, but he did not file a pro se response. We have reviewed the record and counsel's brief. See Bledsoe v. State, 178 S.W.3d 824, 827 (Tex. Crim. App. 2005) (court of appeals'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). 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.


Summaries of

High v. State

Court of Appeals of Texas, Fifth District, Dallas
Oct 28, 2011
No. 05-10-01630-CR (Tex. App. Oct. 28, 2011)
Case details for

High v. State

Case Details

Full title:EARNEST EARL HIGH, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Oct 28, 2011

Citations

No. 05-10-01630-CR (Tex. App. Oct. 28, 2011)