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Rose v. State

Court of Appeals Fifth District of Texas at Dallas
Mar 27, 2019
No. 05-18-00343-CR (Tex. App. Mar. 27, 2019)

Opinion

No. 05-18-00343-CR No. 05-18-00344-CR

03-27-2019

ALEXANDER TAYLOR ROSE, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 291st Judicial District Court Dallas County, Texas
Trial Court Cause Nos. F16-58702-U , F16-58703-U

MEMORANDUM OPINION

Before Justices Whitehill, Molberg, and Reichek
Opinion by Justice Molberg

A jury convicted Alexander Taylor Rose of evading arrest or detention enhanced by a prior evading arrest conviction and unlawful possession of a firearm by a felon (UPFF). The trial court assessed punishment at confinement for two years in a state jail facility for the evading arrest conviction and twenty years' imprisonment for the UPFF conviction. 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, 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 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) (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 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.

/Ken Molberg/

KEN MOLBERG

JUSTICE Do Not Publish
TEX. R. APP. P. 47 180343F.U05

JUDGMENT

On Appeal from the 291st Judicial District Court, Dallas County, Texas
Trial Court Cause No. F16-58702-U.
Opinion delivered by Justice Molberg. Justices Whitehill and Reichek participating.

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

JUDGMENT

On Appeal from the 291st Judicial District Court, Dallas County, Texas
Trial Court Cause No. F16-58703-U.
Opinion delivered by Justice Molberg. Justices Whitehill and Reichek participating.

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


Summaries of

Rose v. State

Court of Appeals Fifth District of Texas at Dallas
Mar 27, 2019
No. 05-18-00343-CR (Tex. App. Mar. 27, 2019)
Case details for

Rose v. State

Case Details

Full title:ALEXANDER TAYLOR ROSE, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Mar 27, 2019

Citations

No. 05-18-00343-CR (Tex. App. Mar. 27, 2019)