Opinion
No. 05-11-01712-CR
04-05-2013
SHELDON DAMON ROBERTS, Appellant v. THE STATE OF TEXAS, Appellee
AFFIRM; Opinion issued April 5, 2013
On Appeal from the 283rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F04-73256-T
MEMORANDUM OPINION
Before Chief Justice Wright and Justices Myers and Evans
Opinion by Chief Justice Wright
A jury convicted Sheldon Damon Roberts of capital murder, and the trial court assessed punishment at life imprisonment. See TEX. PENAL CODE ANN. § 19.03(a)(7) (West Supp. 2012). The Sixth District Court of Appeals affirmed the conviction and sentence, but the Court of Criminal Appeals reversed the judgment as to capital murder, affirmed the conviction for the lesser-included offense of murder, and remanded to the trial court for assessment of punishment. See Roberts v. State, No. 06-05-00165-CR, 2007 WL 1702771 (Tex. App.—Texarkana June 14, 2007), rev'd, 273 S.W.3d 322 (Tex. Crim. App. 2008). After a hearing on remand, the trial court assessed punishment at life imprisonment. 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.
The appeal of the original conviction was transferred from this Court to the Sixth District Court of Appeals pursuant to a docket equalization order.
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.
______________________
CAROLYN WRIGHT
CHIEF JUSTICE
Do Not Publish
TEX. R. APP. P. 47
JUDGMENT
SHELDON DAMON ROBERTS, Appellant
V. THE STATE OF TEXAS, Appellee
No. 05-11-01712-CR
Appeal from the 283rd Judicial District
Court of Dallas County, Texas (Tr.Ct.No.
F04-73256-T).
Opinion delivered by Chief Justice Wright,
Justices Myers and Evans participating.
Based on the Court's opinion of this date, the trial court's judgment is AFFIRMED.
______________________
CAROLYN WRIGHT
CHIEF JUSTICE