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Myers v. State

Court of Appeals Fifth District of Texas at Dallas
Nov 24, 2014
No. 05-13-01571-CR (Tex. App. Nov. 24, 2014)

Opinion

No. 05-13-01571-CR No. 05-13-01572-CR

11-24-2014

RAY ANTHONY MYERS, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 363rd Judicial District Court Dallas County, Texas
Trial Court Cause Nos. F13-56192-W, F13-56193-W

MEMORANDUM OPINION

Before Justices FitzGerald, Lang, and Brown
Opinion by Justice Lang

Ray Anthony Myers waived a jury and pleaded guilty to felony DWI and possession of cocaine in an amount of one gram or more but less than four grams. See TEX. PENAL CODE ANN. §§ 49.04(a), 49.09(b)(2) (West Supp. 2014); TEX. HEALTH & SAFETY CODE ANN. § 481.115(a), (c) (West 2010). After finding appellant guilty, the trial court assessed punishment at seven years' imprisonment on the felony DWI case and three years' imprisonment on the cocaine case. On appeal, appellant's attorney filed a brief in which she 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, 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 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.

/ Douglas S. Lang/

DOUGLAS S. LANG

JUSTICE
Do Not Publish
TEX. R. APP. P. 47
131571F.U05

JUDGMENT

Appeal from the 363rd Judicial District Court of Dallas County, Texas (Tr.Ct.No. F13-56192-W).
Opinion delivered by Justice Lang, Justices FitzGerald and Brown participating.

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

JUDGMENT

Appeal from the 363rd Judicial District Court of Dallas County, Texas (Tr.Ct.No. F13-56193-W).
Opinion delivered by Justice Lang, Justices FitzGerald and Brown participating.

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


Summaries of

Myers v. State

Court of Appeals Fifth District of Texas at Dallas
Nov 24, 2014
No. 05-13-01571-CR (Tex. App. Nov. 24, 2014)
Case details for

Myers v. State

Case Details

Full title:RAY ANTHONY MYERS, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Nov 24, 2014

Citations

No. 05-13-01571-CR (Tex. App. Nov. 24, 2014)