Opinion
No. 05-13-00260-CR
10-20-2014
GARY DON JENNINGS, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 4 Dallas County, Texas
Trial Court Cause No. F10-71278-K
MEMORANDUM OPINION
Before Justices FitzGerald, Fillmore, and Stoddart Opinion by Justice Stoddart
Gary Don Jennings appeals from the adjudication of his guilt for burglary of a habitation. See TEX. PENAL CODE ANN. § 30.02(a)(1) (West 2011). The trial court assessed punishment, enhanced by a prior felony conviction, 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, 811-12 (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, 436 S.W.3d 313, 319-21 (Tex. Crim. App. 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.
/ Craig Stoddart/
CRAIG STODDART
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
130260F.U05
JUDGMENT
Appeal from the Criminal District Court No. 4 of Dallas County, Texas (Tr.Ct.No. F10-71278-K).
Opinion delivered by Justice Stoddart, Justices FitzGerald and Fillmore participating.
Based on the Court's opinion of this date, the trial court's judgment is AFFIRMED.