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Ortiz v. State

Court of Appeals Fifth District of Texas at Dallas
Mar 27, 2019
No. 05-18-00081-CR (Tex. App. Mar. 27, 2019)

Opinion

No. 05-18-00081-CR

03-27-2019

MOLLY ORTIZ, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the Criminal District Court No. 2 Dallas County, Texas
Trial Court Cause No. F16-30318-I

MEMORANDUM OPINION

Before Chief Justice Burns, Justice Myers, and Justice Pedersen, III
Opinion by Chief Justice Burns

Appellant Molly Ortiz waived a jury trial and pleaded guilty to possession of methamphetamine in an amount less than one gram. Pursuant to a plea agreement, the trial court deferred adjudicating guilt, placed appellant on three years' community supervision, and assessed a $1,500 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, 812 (Tex. Crim. App. [Panel Op.] 1978) (determining whether brief meets requirements of Anders). Counsel delivered a copy of the brief to appellant. We advised appellant of her right to file a pro se response, but she did not file a pro se response. See Kelly v. State, 436 S.W.3d 313, 319-21 (Tex. Crim. App. 2014) (noting appellant has right to file pro se response to Anders brief filed by 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 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.

/Robert D. Burns, III/

ROBERT D. BURNS, III

CHIEF JUSTICE Do Not Publish
TEX. R. APP. P. 47
180081F.U05

JUDGMENT

On Appeal from the Criminal District Court No. 2, Dallas County, Texas
Trial Court Cause No. F16-30318-I.
Opinion delivered by Chief Justice Burns. Justices Myers and Pedersen, III participating.

Based on the Court's opinion of this date, the judgment of the trial court is AFFIRMED. Judgment entered March 27, 2019.


Summaries of

Ortiz v. State

Court of Appeals Fifth District of Texas at Dallas
Mar 27, 2019
No. 05-18-00081-CR (Tex. App. Mar. 27, 2019)
Case details for

Ortiz v. State

Case Details

Full title:MOLLY ORTIZ, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Mar 27, 2019

Citations

No. 05-18-00081-CR (Tex. App. Mar. 27, 2019)