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Thomas v. State

Court of Appeals Fifth District of Texas at Dallas
Sep 11, 2014
No. 05-13-00912-CR (Tex. App. Sep. 11, 2014)

Opinion

No. 05-13-00912-CR

09-11-2014

DARIN RAMONE THOMAS, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the Criminal District Court No. 1 Dallas County, Texas
Trial Court Cause No. F12-58074-H

MEMORANDUM OPINION

Before Justices O'Neill, Lang-Miers, and Brown
Opinion by Justice O'Neill

Darin Ramone Thomas waived a jury and pleaded guilty to aggravated robbery with a deadly weapon. See TEX. PENAL CODE ANN. § 29.03(a)(2) (West 2011). The trial court assessed punishment at fourteen 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, 811-12 (Tex. Crim. App. [Panel Op.] 1978). Counsel delivered a copy of the brief to appellant. See Kelly v. State, 2014 WL 2865901 (Tex. Crim. App. June 25, 2014) (identifying duties of appellate courts and counsel in Anders cases).

Appellant filed a pro se response raising several issues After reviewing counsel's brief, appellant's pro se response, and the record, we agree the appeal is frivolous and without merit. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005) (explaining appellate court's duty in Anders cases). We find nothing in the record that might arguably support the appeal.

We affirm the trial court's judgment.

/Michael J. O'Neill/

MICHAEL J. O'NEILL

JUSTICE
Do Not Publish
TEX. R. APP. P. 47
130912F.U05

JUDGMENT

Appeal from the Criminal District Court No. 1 of Dallas County, Texas (Tr.Ct.No. F12-58074-H).
Opinion delivered by Justice O'Neill, Justices Lang-Miers and Brown participating.

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


Summaries of

Thomas v. State

Court of Appeals Fifth District of Texas at Dallas
Sep 11, 2014
No. 05-13-00912-CR (Tex. App. Sep. 11, 2014)
Case details for

Thomas v. State

Case Details

Full title:DARIN RAMONE THOMAS, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Sep 11, 2014

Citations

No. 05-13-00912-CR (Tex. App. Sep. 11, 2014)