From Casetext: Smarter Legal Research

McClenton v. State

Court of Appeals Fifth District of Texas at Dallas
Apr 17, 2017
No. 05-16-00624-CR (Tex. App. Apr. 17, 2017)

Opinion

No. 05-16-00624-CR No. 05-16-00625-CR

04-17-2017

JAMAL DESMOND MCCLENTON, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the Criminal District Court No. 2 Dallas County, Texas
Trial Court Cause No. F11-26246-I , F16-75306-I

MEMORANDUM OPINION

Before Justices Fillmore, Whitehill, and Boatright
Opinion by Justice Fillmore

Jamal Desmond McClenton appeals his conviction, following adjudication of his guilt, for aggravated robbery with a deadly weapon and his conviction for attempted theft of property (an ATM) valued at less than $300,000. The trial court assessed punishment at ten years' imprisonment in each case. On appeal, appellant's attorney filed a brief in which he concludes the appeals are 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, 315 (Tex. Crim. App. 2014) (noting an appellant has right to file pro se response to an Anders brief filed by his 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 appeals are frivolous and without merit. We find nothing in the record that might arguably support the appeals.

We affirm the trial court's judgments.

/Robert M. Fillmore/

ROBERT M. FILLMORE

JUSTICE Do Not Publish
TEX. R. APP. P. 47 160624F.U05

JUDGMENT

On Appeal from the Criminal District Court No. 2, Dallas County, Texas
Trial Court Cause No. F11-26246-I.
Opinion delivered by Justice Fillmore. Justices Whitehill and Boatright participating.

Based on the Court's opinion of this date, the judgment of the trial court is AFFIRMED. Judgment entered this 17th day of April, 2017.

JUDGMENT

On Appeal from the Criminal District Court No. 2, Dallas County, Texas
Trial Court Cause No. F16-75306-I.
Opinion delivered by Justice Fillmore. Justices Whitehill and Boatright participating.

Based on the Court's opinion of this date, the judgment of the trial court is AFFIRMED. Judgment entered this 17th day of April, 2017.


Summaries of

McClenton v. State

Court of Appeals Fifth District of Texas at Dallas
Apr 17, 2017
No. 05-16-00624-CR (Tex. App. Apr. 17, 2017)
Case details for

McClenton v. State

Case Details

Full title:JAMAL DESMOND MCCLENTON, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Apr 17, 2017

Citations

No. 05-16-00624-CR (Tex. App. Apr. 17, 2017)