Opinion
No. 05-11-01406-CR
05-29-2012
AFFIRM and Opinion Filed May 29, 2012
On Appeal from the Criminal District Court No. 3
Dallas County, Texas
Trial Court Cause No. F10-52690-J
MEMORANDUM OPINION
Before Justices Bridges, Francis, and Lang
Opinion By Justice Francis
Derrik Germaine McCullar waived a jury and pleaded guilty to aggravated robbery with a deadly weapon, a firearm. Under a plea agreement, the trial court deferred adjudicating guilt, placed appellant on five years' community supervision, and assessed a $2,000 fine. The trial court later granted the State's motion to adjudicate, adjudicated appellant guilty, and assessed punishment at imprisonment for twenty years. 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. We advised appellant of his right to file a pro se response, but he 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.
MOLLY FRANCIS
JUSTICE
Do Not Publish
Tex. R. App. P. 47
111406F.U05
Court of Appeals Fifth District of Texas at Dallas JUDGMENT
DERRIK GERMAINE MCCULLAR, Appellant
V.
THE STATE OF TEXAS, Appellee
No. 05-11-01406-CR
Appeal from the Criminal District Court No. 3 of Dallas County, Texas. (Tr.Ct.No. F10- 52690-J).
Opinion delivered by Justice Francis, Justices Bridges and Lang participating.
Based on the Court's opinion of this date, the judgment of the trial court is AFFIRMED.
Judgment entered May 29, 2012.
MOLLY FRANCIS
JUSTICE