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Jones v. State

Court of Appeals Fifth District of Texas at Dallas
Feb 8, 2018
No. 05-17-00159-CR (Tex. App. Feb. 8, 2018)

Opinion

No. 05-17-00159-CR

02-08-2018

JAMES OTIS JONES, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 380th Judicial District Court Collin County, Texas
Trial Court Cause No. 380-81551-2015

MEMORANDUM OPINION

Before Justices Bridges, Myers, and Schenck
Opinion by Justice Bridges

James Otis Jones waived a jury and pleaded guilty to murder. During the punishment phase, appellant pleaded not true to two enhancement paragraphs. After finding appellant guilty and the enhancement paragraphs true, the trial court assessed punishment at life imprisonment and a $10,000 fine. 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, 812 (Tex. Crim. App. [Panel Op.] 1978) (determining whether brief meets requirements of Anders). 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) (noting appellant has right to file pro se response to Anders brief filed by counsel).

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.

/David L. Bridges/

DAVID L. BRIDGES

JUSTICE Do Not Publish
TEX. R. APP. P. 47
170159F.U05

JUDGMENT

On Appeal from the 380th Judicial District Court, Collin County, Texas
Trial Court Cause No. 380-81551-2015.
Opinion delivered by Justice Bridges. Justices Myers and Schenck participating.

Based on the Court's opinion of this date, the judgment of the trial court is AFFIRMED. Judgment entered February 8, 2018.


Summaries of

Jones v. State

Court of Appeals Fifth District of Texas at Dallas
Feb 8, 2018
No. 05-17-00159-CR (Tex. App. Feb. 8, 2018)
Case details for

Jones v. State

Case Details

Full title:JAMES OTIS JONES, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Feb 8, 2018

Citations

No. 05-17-00159-CR (Tex. App. Feb. 8, 2018)