Opinion
No. 05-13-00649-CR
10-30-2013
JASON RAY SMITH, Appellant v. THE STATE OF TEXAS, Appellee
AFFIRM; and Opinion filed October 30, 2013.
On Appeal from the 204th Judicial District Court
Dallas County, Texas
Trial Court Cause No. F08-14302-Q
MEMORANDUM OPINION
Before Justices Moseley, Lang, and Brown
Opinion by Justice Brown
Jason Ray Smith appeals from the adjudication of his guilt for burglary of a habitation. See TEX. PENAL CODE ANN. § 30.02(a) (West 2011). The trial court assessed punishment at eight years' imprisonment. On appeal, appellant's attorney filed a brief in which she 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 of his right to file a pro se response, but he did not file a pro se response.
We have reviewed the record and counsel's brief. See Bledsoe v. State, 178 S.W.3d 824, 827 (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.
________________
ADA BROWN
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
130649F.U05
JUDGMENT
JASON RAY SMITH, Appellant
V. THE STATE OF TEXAS, Appellee No. 05-13-00649-CR
Appeal from the 204th Judicial District
Court of Dallas County, Texas (Tr.Ct.No.
F08-14302-Q).
Opinion delivered by Justice Brown,
Justices Moseley and Lang participating.
Based on the Court's opinion of this date, the trial court's judgment is AFFIRMED.
________________
ADA BROWN
JUSTICE