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Smith v. State

Court of Appeals of Texas, Fifth District, Dallas
Aug 17, 2006
No. 05-05-01143-CR (Tex. App. Aug. 17, 2006)

Opinion

No. 05-05-01143-CR

Opinion issued August 17, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.

On Appeal from the Criminal District Court No. 2, Dallas County, Texas, Trial Court Cause No. F04-56331-JI. Affirmed.

Before Justices WHITTINGTON, BRIDGES, and RICHTER.


MEMORANDUM OPINION


A jury convicted Levess Eugene Smith of burglary of a habitation. The jury assessed punishment at twenty years' imprisonment. 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 that he has a right to file a pro se response, but appellant did not file a response. We have reviewed the record and counsel's brief. See Bledsoe v. State, 178 S.W.3d 824 (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.


Summaries of

Smith v. State

Court of Appeals of Texas, Fifth District, Dallas
Aug 17, 2006
No. 05-05-01143-CR (Tex. App. Aug. 17, 2006)
Case details for

Smith v. State

Case Details

Full title:LEVESS EUGENE SMITH, Appellant, v. THE STATE OF TEXAS, Appellee

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

Date published: Aug 17, 2006

Citations

No. 05-05-01143-CR (Tex. App. Aug. 17, 2006)