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Martinez v. State

Court of Appeals Fifth District of Texas at Dallas
Oct 2, 2017
No. 05-16-01197-CR (Tex. App. Oct. 2, 2017)

Opinion

No. 05-16-01197-CR

10-02-2017

DANNY MARTINEZ, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 204th Judicial District Court Dallas County, Texas
Trial Court Cause No. F16-00594-Q

MEMORANDUM OPINION

Before Justices Bridges, Fillmore, and Stoddart
Opinion by Justice Bridges

A jury convicted Danny Martinez for aggravated robbery with a deadly weapon and assessed punishment at seven 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. 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).

Appellant filed a pro se response raising several issues. After reviewing counsel's brief, appellant's pro se response, and the record, we agree the appeal is frivolous and without merit. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005) (explaining appellate court's duty in Anders cases). 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JUSTICE Do Not Publish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
161197F.U05

JUDGMENT

On Appeal from the 204th Judicial District Court, Dallas County, Texas
Trial Court Cause No. F16-00594-Q.
Opinion delivered by Justice Bridges. Justices Fillmore and Stoddart participating.

Based on the Court's opinion of this date, the judgment of the trial court is AFFIRMED. Judgment entered October 2, 2017.


Summaries of

Martinez v. State

Court of Appeals Fifth District of Texas at Dallas
Oct 2, 2017
No. 05-16-01197-CR (Tex. App. Oct. 2, 2017)
Case details for

Martinez v. State

Case Details

Full title:DANNY MARTINEZ, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Oct 2, 2017

Citations

No. 05-16-01197-CR (Tex. App. Oct. 2, 2017)