Opinion
No. 05-19-00053-CR No. 05-19-00054-CR
04-13-2020
JIMMY EARL SHELLY, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 282nd Judicial District Court Dallas County, Texas
Trial Court Cause Nos. F18-75945-S , F18-75947-S
MEMORANDUM OPINION
Before Justices Partida-Kipness, Nowell, and Evans
Opinion by Justice Nowell
Jimmy Earl Shelly appeals his convictions for aggravated sexual assault and continuous sexual abuse of a child under 14. The trial court assessed punishment at 70 years' imprisonment for aggravated sexual assault and 99 years' imprisonment for continuous sexual abuse with the sentences to run consecutively.
On appeal, appellant's attorney filed a brief concluding that the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967). See Murphy v. State, 111 S.W.3d 846, 749 (Tex. App.—Dallas 2003, no pet.). 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).
Counsel delivered a copy of the brief, motion to withdraw, reporter's record and clerk's record to appellant on July 17, 2019. By letter dated July 26, 2019, we advised appellant of his right to file a pro se response by September 6, 2019. We further advised appellant that failure to file a response by the date provided would result in the case being submitted on the Anders brief alone. Appellant did not file a response.
We have reviewed the record and counsel's brief. See Bledsoe v. State, 178 S.W.3d 824, 826-827 (Tex. Crim. App. 2005) (explaining appellate court's duty in Anders cases). We agree that the appeal is frivolous and without merit. We finding nothing in the record that might arguably support the appeal. Accordingly, we affirm the trial court's judgment.
/Erin A. Nowell/
ERIN A. NOWELL
JUSTICE Do Not Publish
TEX. R. APP. P. 47.2(b)
190053F.U05
JUDGMENT
On Appeal from the 282nd Judicial District Court, Dallas County, Texas
Trial Court Cause No. F-1875945-S.
Opinion delivered by Justice Nowell. Justices Partida-Kipness and Evans participating.
Based on the Court's opinion of this date, the judgment of the trial court is AFFIRMED. Judgment entered this 13th day of April, 2020.
JUDGMENT
On Appeal from the 282nd Judicial District Court, Dallas County, Texas
Trial Court Cause No. F-1875947-S.
Opinion delivered by Justice Nowell. Justices Partida-Kipness and Evans participating.
Based on the Court's opinion of this date, the judgment of the trial court is AFFIRMED. Judgment entered this 13th day of April, 2020.