Charles Richard Vandiver v. The State of TexasAppeal from 194th Judicial District Court of Dallas County (memorandum opinion )
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AFFIRM; and Opinion Filed March 27, 2014. In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01678-CR CHARLES RICHARD VANDIVER, Appellant V. THE STATE OF TEXAS, Appellee 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 /Michael J. O'Neill/ MICHAEL J. O NEILL JUSTICE Do Not Publish TEX. R. APP. P. 47 121678F.U05 -2- Court of Appeals Fifth District of Texas at Dallas JUDGMENT CHARLES RICHARD VANDIVER, Appellant 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. V. THE STATE OF TEXAS, Appellee Based on the Court s opinion of this date, the trial court s judgment is AFFIRMED. Judgment entered March 27, 2014. /Michael J. O'Neill/ MICHAEL J. O NEILL JUSTICE -3-
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