Opinion
No. 05-14-00237-CR
10-20-2014
JEFFREY RAYMOND MOTT, JR., Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 401st Judicial District Court Collin County, Texas
Trial Court Cause No. 401-82489-10
MEMORANDUM OPINION
Before Justices O'Neill, Lang-Miers, and Brown
Opinion by Justice Lang-Miers
Jeffrey Raymond Mott, Jr. appeals following the adjudication of his guilt for assault involving family violence by impeding breathing. See TEX. PENAL CODE ANN. § 22.01(b)(2)(B) (West Supp. 2014); TEX. FAM. CODE ANN. §§ 71.0021, 71.005 (West 2008 & Supp. 2014). The trial court assessed punishment at ten years' imprisonment and a $500 fine. 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. 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, 319-21 (Tex. Crim. App. 2014) (identifying duties of appellate courts and counsel in Anders cases).
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 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.
/Elizabeth Lang-Miers/
ELIZABETH LANG-MIERS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
140237F.U05
JUDGMENT
Appeal from the 401st Judicial District Court of Collin County, Texas (Tr.Ct.No. 401-82489-10).
Opinion delivered by Justice Lang-Miers, Justices O'Neill and Brown participating.
Based on the Court's opinion of this date, the trial court's judgment adjudicating guilt is AFFIRMED.
Judgment entered October 20, 2014.