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Smith v. State

Court of Appeals Fifth District of Texas at Dallas
Oct 20, 2014
No. 05-14-00193-CR (Tex. App. Oct. 20, 2014)

Opinion

No. 05-14-00193-CR

10-20-2014

PATRICIA ANN SMITH, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 363rd Judicial District Court Dallas County, Texas
Trial Court Cause No. F13-49176-W

MEMORANDUM OPINION

Before Justices Bridges, Lang, and Evans
Opinion by Justice Lang

Patricia Ann Smith waived a jury and pleaded guilty to obtaining a controlled substance, dihydrocodeinone, by fraud. See TEX. HEALTH & SAFETY CODE ANN. § 481.129(a-1), (d-1)(2) (West Supp. 2014). The trial court 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, 811-12 (Tex. Crim. App. [Panel Op.] 1978). Counsel delivered a copy of the brief to appellant. We advised appellant of her right to file a pro se response, but she did not file a pro se response. See Kelly v. State, 436 S.W.3d 313, 319-21 (Tex. Crim. App. 2014) (identifying duties of appellate courts and counsel in Anders cases).

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. We find nothing in the record that might arguably support the appeal.

We affirm the trial court's judgment.

/ Douglas S. Lang/

DOUGLAS S. LANG

JUSTICE
Do Not Publish
TEX. R. APP. P. 47
140193F.U05

JUDGMENT

Appeal from the 363rd Judicial District Court of Dallas County, Texas (Tr.Ct.No. F13-49176-W).
Opinion delivered by Justice Lang, Justices Bridges and Evans participating.

Based on the Court's opinion of this date, the trial court's judgment is AFFIRMED.


Summaries of

Smith v. State

Court of Appeals Fifth District of Texas at Dallas
Oct 20, 2014
No. 05-14-00193-CR (Tex. App. Oct. 20, 2014)
Case details for

Smith v. State

Case Details

Full title:PATRICIA ANN SMITH, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Oct 20, 2014

Citations

No. 05-14-00193-CR (Tex. App. Oct. 20, 2014)