Fabian Fedrice Garza v. The State of TexasAppeal from Criminal District Court No. 1 of Dallas County (memorandum opinion )

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AFFIRMED; Opinion Filed February 27, 2014. In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00452-CR No. 05-13-00453-CR No. 05-13-00454-CR FABIAN FEDRICE GARZA, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 1 Dallas County, Texas Trial Court Cause Nos. F12-28079-H, F12-24798-H, F12-27927-H MEMORANDUM OPINION Before Justices FitzGerald, Fillmore, and Evans Opinion by Justice Evans Fabian Fedrice Garza waived a jury and pleaded guilty to the offenses of theft from person, theft of property valued at $1,500 or more but less than $20,000, and burglary of a habitation. See TEX. PENAL CODE ANN. ยงยง 30.02(a), 31.03(b), (e)(4) (West 2011 & Supp. 2013). After finding appellant guilty, the trial court assessed punishment at twelve years imprisonment for the burglary and two years confinement in state jail for each theft conviction. On appeal, appellant s attorney filed a brief in which she concludes the appeals are 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 appeals are frivolous and without merit. We find nothing in the record that might arguably support the appeals. We affirm the trial court s judgments. / David Evans/ DAVID EVANS JUSTICE Do Not Publish TEX. R. APP. P. 47 130352F.U05 -2- Court of Appeals Fifth District of Texas at Dallas JUDGMENT FABIAN FEDRICE GARZA, Appellant No. 05-13-00452-CR Appeal from the Criminal District Court No. 1 of Dallas County, Texas (Tr.Ct.No. F12-28079-H). Opinion delivered by Justice Evans, Justices FitzGerald and Fillmore 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 February 27, 2014. / David Evans/ DAVID EVANS JUSTICE -3- Court of Appeals Fifth District of Texas at Dallas JUDGMENT FABIAN FEDRICE GARZA, Appellant No. 05-13-00453-CR Appeal from the Criminal District Court No. 1 of Dallas County, Texas (Tr.Ct.No. F12-24798-H). Opinion delivered by Justice Evans, Justices FitzGerald and Fillmore 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 February 27, 2014. / David Evans/ DAVID EVANS JUSTICE -4- Court of Appeals Fifth District of Texas at Dallas JUDGMENT FABIAN FEDRICE GARZA, Appellant No. 05-13-00454-CR Appeal from the Criminal District Court No. 1 of Dallas County, Texas (Tr.Ct.No. F12-27927-H). Opinion delivered by Justice Evans, Justices FitzGerald and Fillmore 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 February 27, 2014. / David Evans/ DAVID EVANS JUSTICE -5-

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