Opinion
No. 05-12-00535-CR
10-30-2012
Francisco Antonio Ontiveros , Appellant v. The State of Texas, Appellee
AFFIRM;
On Appeal from the 204th Judicial District Court
Dallas County, Texas
Trial Court Cause No. F10-62236-Q
MEMORANDUM OPINION
Before Justices Morris, Francis, and Murphy
Opinion By Justice Francis
Francisco Antonio Ontiveros waived a jury and pleaded guilty to aggravated robbery with a deadly weapon, a baseball bat. The trial court assessed punishment for twenty years in prison. 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Do Not Publish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
120535F.U05
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
Based on the Court's opinion of this date, the trial court's judgment is AFFIRMED.
Judgment entered October 30, 2012.
MOLLY FRANCIS
JUSTICE