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Kennedy v. State

Court of Appeals Fifth District of Texas at Dallas
Jun 1, 2016
No. 05-15-01015-CR (Tex. App. Jun. 1, 2016)

Opinion

No. 05-15-01015-CR

06-01-2016

CALVIN ULESS KENNEDY, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 265th Judicial District Court Dallas County, Texas
Trial Court Cause No. F14-76824-R

MEMORANDUM OPINION

Before Justices Lang-Miers, Evans, and Brown
Opinion by Justice Brown

Calvin Uless Kennedy pleaded guilty before a jury to aggravated robbery with a deadly weapon. See TEX. PENAL CODE ANN. § 29.03(a) (West 2011). After finding appellant guilty, the jury assessed punishment at thirty-seven years' 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, 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.

/Ada Brown/

ADA BROWN

JUSTICE Do Not Publish
TEX. R. APP. P. 47 151015F.U05

JUDGMENT

On Appeal from the 265th Judicial District Court, Dallas County, Texas
Trial Court Cause No. F14-76824-R.
Opinion delivered by Justice Brown. Justices Lang-Miers and Evans participating.

Based on the Court's opinion of this date, the judgment of the trial court is AFFIRMED. Judgment entered this 1st day of June, 2016.


Summaries of

Kennedy v. State

Court of Appeals Fifth District of Texas at Dallas
Jun 1, 2016
No. 05-15-01015-CR (Tex. App. Jun. 1, 2016)
Case details for

Kennedy v. State

Case Details

Full title:CALVIN ULESS KENNEDY, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Jun 1, 2016

Citations

No. 05-15-01015-CR (Tex. App. Jun. 1, 2016)