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Smith v. State

Court of Appeals of Texas, Fifth District, Dallas
Oct 11, 2005
Nos. 05-04-01684-CR, 05-04-01685-CR (Tex. App. Oct. 11, 2005)

Opinion

Nos. 05-04-01684-CR, 05-04-01685-CR

Opinion Filed October 11, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.

On Appeal from the 265th Judicial District Court, Dallas County, Texas, Trial Court Cause Nos. F99-21050-IR, F99-22997-HR. Affirmed.

Before Justices MORRIS, WRIGHT, and RICHTER.


MEMORANDUM OPINION


In these cases, Marvin Alan Smith entered open guilty pleas to two felony driving while intoxicated offenses. See Tex. Pen. Code Ann. § 49.09(b) (Vernon Supp. 2004-05). In each case, the trial court assessed punishment at ten years' imprisonment, probated for ten years, and a $500 fine. The State later moved to revoke appellant's community supervision in each case, alleging three probation violations. Following a hearing at which appellant pleaded not true, the trial court found the allegations true, revoked appellant's community supervision, and sentenced him to seven years' imprisonment in each case. Appellant's attorney filed briefs in which he concludes the appeals are wholly frivolous and without merit. The briefs meet the requirements of Anders v. California, 386 U.S. 738 (1967). The briefs present 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 briefs to appellant. We advised appellant he has a right to file a pro se response, but appellant did not file a pro se response. We have reviewed the record and counsel's briefs. 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.


Summaries of

Smith v. State

Court of Appeals of Texas, Fifth District, Dallas
Oct 11, 2005
Nos. 05-04-01684-CR, 05-04-01685-CR (Tex. App. Oct. 11, 2005)
Case details for

Smith v. State

Case Details

Full title:MARVIN ALAN SMITH, Appellant, v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Oct 11, 2005

Citations

Nos. 05-04-01684-CR, 05-04-01685-CR (Tex. App. Oct. 11, 2005)