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Schluesselheim v. State

Court of Appeals Fifth District of Texas at Dallas
Jan 11, 2012
No. 05-10-00702-CR (Tex. App. Jan. 11, 2012)

Opinion

No. 05-10-00702-CR

01-11-2012

OSCAR THOMAS SCHLUESSELHEIM, Appellant v. THE STATE OF TEXAS, Appellee


AFFIRM; Opinion issued January 11, 2012

On Appeal from the 265th Judicial District Court

Dallas County, Texas

Trial Court Cause No. F01-43061-UR

MEMORANDUM OPINION

Before Chief Justice Wright and Justices Bridges and Myers

Opinion By Chief Justice Wright

Oscar Thomas Schluesselheim waived a jury and pleaded guilty to felony driving while intoxicated. See Tex. Penal Code Ann. §§ 49.04(a), 49.09(b)(2) (West 2011). After finding appellant guilty, the trial court assessed punishment at ten years' imprisonment, probated for ten years. The trial court later revoked appellant's community supervision and assessed punishment at ten years' imprisonment. On appeal, appellant's attorney filed a brief in which he 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). 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Do Not Publish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

100702F.U05


Summaries of

Schluesselheim v. State

Court of Appeals Fifth District of Texas at Dallas
Jan 11, 2012
No. 05-10-00702-CR (Tex. App. Jan. 11, 2012)
Case details for

Schluesselheim v. State

Case Details

Full title:OSCAR THOMAS SCHLUESSELHEIM, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Jan 11, 2012

Citations

No. 05-10-00702-CR (Tex. App. Jan. 11, 2012)