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Lester v. State

Court of Appeals Fifth District of Texas at Dallas
Oct 2, 2012
No. 05-11-00748-CR (Tex. App. Oct. 2, 2012)

Opinion

No. 05-11-00748-CR

10-02-2012

RONDA KAY LESTER, Appellant v. THE STATE OF TEXAS, Appellee


AFFIRM;

On Appeal from the 194th Judicial District Court

Dallas County, Texas

Trial Court Cause No. F08-52578-M

MEMORANDUM OPINION

Before Justices Moseley, Fillmore, Myers

Opinion By Justice Myers

Ronda Kay Lester appeals the adjudication of her guilt for aggravated robbery with a deadly weapon, a knife. See Tex. Penal Code Ann. § 29.03(a) (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.

Appellant filed a pro se response raising several issues. A court of appeals is not required to address the merits of claims raised in a pro se response. See Bledsoe v. State, 178 S.W.3d 824, 827 (Tex. Crim. App. 2005) (explaining appellate court's duty in Anders cases). Rather, the Court'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. Id.

After reviewing counsel's brief, appellant's pro se response, and the record, 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 adjudicating guilt.

LANA MYERS

JUSTICE

Do Not Publish

Tex. R. App. P. 47

110748F.U05

Court of Appeals Fifth District of Texas at Dallas JUDGMENT

RONDA KAY LESTER, Appellant

V.

THE STATE OF TEXAS, Appellee

No. 05-11-00748-CR

Appeal from the 194th Judicial District Court of Dallas County, Texas. (Tr.Ct.No. F08- 52578-M).

Opinion delivered by Justice Myers, Justices Moseley and Fillmore participating.

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

Judgment entered October 2, 2012.

LANA MYERS

JUSTICE


Summaries of

Lester v. State

Court of Appeals Fifth District of Texas at Dallas
Oct 2, 2012
No. 05-11-00748-CR (Tex. App. Oct. 2, 2012)
Case details for

Lester v. State

Case Details

Full title:RONDA KAY LESTER, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Oct 2, 2012

Citations

No. 05-11-00748-CR (Tex. App. Oct. 2, 2012)