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Vandiver v. State

Court of Appeals Fifth District of Texas at Dallas
Mar 27, 2014
No. 05-12-01678-CR (Tex. App. Mar. 27, 2014)

Opinion

No. 05-12-01678-CR

03-27-2014

CHARLES RICHARD VANDIVER, Appellant v. THE STATE OF TEXAS, Appellee


AFFIRM; and Opinion Filed March 27, 2014.

On Appeal from the 194th Judicial District Court

Dallas County, Texas

Trial Court Cause No. F12-56764-M


MEMORANDUM OPINION


Before Justices Bridges, O'Neill, and Brown

Opinion by Justice O'Neill

A jury convicted Charles Richard Vandiver of assault involving family violence, found one enhancement paragraph true, and assessed punishment at twenty years' imprisonment and a $2,500 fine. See TEX. PENAL CODE ANN. § 22.01(a)(1), (b)(2)(A) (West 2011); TEX. FAM. CODE ANN. §§ 71.0021, 71.005 (West 2008 & Supp. 2013). 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.

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, 827 (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

JUSTICE
Do Not Publish
[up]Tex. R. App. P. 47[up]
121678F.U05

JUDGMENT

CHARLES RICHARD VANDIVER,
Appellant

V. THE STATE OF TEXAS, Appellee No. 05-12-01678-CR

Appeal from the 194th Judicial District

Court of Dallas County, Texas (Tr.Ct.No.

F12-56764-M).

Opinion delivered by Justice O'Neill,

Justices Bridges and Brown participating.

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

__________

MICHAEL J. O'NEILL

JUSTICE


Summaries of

Vandiver v. State

Court of Appeals Fifth District of Texas at Dallas
Mar 27, 2014
No. 05-12-01678-CR (Tex. App. Mar. 27, 2014)
Case details for

Vandiver v. State

Case Details

Full title:CHARLES RICHARD VANDIVER, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Mar 27, 2014

Citations

No. 05-12-01678-CR (Tex. App. Mar. 27, 2014)