Opinion
05-22-00094-CR 05-22-00095-CR
12-28-2022
JESSICA NICOLE SHEREN, Appellant v. THE STATE OF TEXAS, Appellee
Do Not Publish TEX. R. APP. P. 47.2(b)
On Appeal from the County Court at Law No. 1 Grayson County, Texas Trial Court Cause Nos. 2020-1-0623, 2021-1-0630
Before Justices Molberg, Partida-Kipness, and Carlyle
MEMORANDUM OPINION
CORY L. CARLYLE, JUSTICE
Jessica Nicole Sheren appeals her convictions of two counts of misdemeanor family violence assault. After a bench trial, the trial court sentenced her to two hundred days' confinement on each count, to run concurrently.
Ms. Sheren's attorney has filed a brief in which he concludes Ms. Sheren's appeal is wholly frivolous and without merit. See Anders v. California, 386 U.S. 738 (1967). The brief presents a professional evaluation of the record and shows why there are no arguable grounds for an appeal. See High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. [Panel Op.] 1978) (determining whether brief meets requirements of Anders). We advised Ms. Sheren of her right to file a pro se response, and she has not filed a response. See Kelly v. State, 436 S.W.3d 313, 31921 (Tex. Crim. App. 2014) (noting appellant has right to file pro se response to Anders brief filed by counsel).
Although counsel's brief complied with Anders, it is unclear whether counsel complied with the requirements imposed by Kelly v. State, 436 S.W.3d 313, 319 (Tex. Crim. App. 2014). Regardless, the Clerk of Court sent Ms. Sheren a letter, attaching copies of counsel's brief and motion to withdraw, informing Ms. Sheren of her rights and addressing any deficiencies in counsel's correspondence. Under these circumstances, any failure by counsel to comply with Kelly's requirements is harmless.
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, finding nothing in the record that might arguably support the appeal. We therefore affirm the trial court's judgment.
JUDGMENT
Based on the Court's opinion of this date, the judgment of the trial court is AFFIRMED.