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Lester v. State

Court of Appeals Fifth District of Texas at Dallas
May 29, 2012
No. 05-11-00823-CR (Tex. App. May. 29, 2012)

Opinion

No. 05-11-00823-CR

05-29-2012

ELLA WEE LESTER, Appellant v. THE STATE OF TEXAS, Appellee


AFFIRMED; Opinion Filed May 29, 2012.

On Appeal from the 194th Judicial District Court

Dallas County, Texas

Trial Court Cause No. F09-52019-M

MEMORANDUM OPINION

Before Justices Morris, Moseley, and Myers

Opinion By Justice Morris

In this case, Ella Wee Lester waived a jury and pleaded guilty to felony prostitution. Pursuant to a plea agreement, the trial court deferred adjudicating guilt, placed appellant on three years' community supervision, and assessed a $250 fine. The trial court later found appellant violated the terms of her community supervision, adjudicated appellant guilty, and sentenced her to twenty-two months in the state jail. 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 (Tex. Crim. App. [Panel Op.] 1978). Counsel delivered a copy of the brief to appellant. We advised appellant of her right to file a pro se response, but she 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) (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.

JOSEPH B. MORRIS

JUSTICE

Do Not Publish

Tex. R. App. P. 47

110823F.U05

Court of Appeals Fifth District of Texas at Dallas JUDGMENT

ELLA WEE LESTER, Appellant

V.

THE STATE OF TEXAS, Appellee

No. 05-11-00823-CR

Appeal from the 194th Judicial District Court of Dallas County, Texas. (Tr.Ct.No. F09- 52019-M).

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

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

Judgment entered May 29, 2012.

JOSEPH B. MORRIS

JUSTICE


Summaries of

Lester v. State

Court of Appeals Fifth District of Texas at Dallas
May 29, 2012
No. 05-11-00823-CR (Tex. App. May. 29, 2012)
Case details for

Lester v. State

Case Details

Full title:ELLA WEE LESTER, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: May 29, 2012

Citations

No. 05-11-00823-CR (Tex. App. May. 29, 2012)