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Thomas v. State

Court of Appeals of Texas, Fifth District, Dallas
May 28, 2008
No. 05-07-01249-CR (Tex. App. May. 28, 2008)

Opinion

No. 05-07-01249-CR

Opinion Filed May 28, 2008. DO NOT PUBLISH, Tex. R. App. P. 47.

On Appeal from the Criminal District Court No. 5, Dallas County, Texas, Trial Court Cause No. F83-81739-L.

Before Justices WRIGHT, BRIDGES, and MAZZANT.


MEMORANDUM OPINION


John Rod Thomas appeals the trial court's order denying his motion for post-conviction DNA testing. 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 (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 order denying appellant's request for post-conviction DNA testing.


Summaries of

Thomas v. State

Court of Appeals of Texas, Fifth District, Dallas
May 28, 2008
No. 05-07-01249-CR (Tex. App. May. 28, 2008)
Case details for

Thomas v. State

Case Details

Full title:JOHN ROD THOMAS, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: May 28, 2008

Citations

No. 05-07-01249-CR (Tex. App. May. 28, 2008)