Jesse Lee Austin v. The State of Texas Appeal from 416th Judicial District Court of Collin County (memorandum opinion )
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AFFIRM; and Opinion Filed November 24, 2014. In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01617-CR JESSE LEE AUSTIN, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 416th Judicial District Court Collin County, Texas Trial Court Cause No. 416-82407-2013 MEMORANDUM OPINION Before Justices Bridges, Lang-Miers, and Myers Opinion by Justice Lang-Miers Jesse Lee Austin waived a jury and pleaded guilty to theft of property having a value of less than $1,500 and having two prior theft convictions. See TEX. PENAL CODE ANN. § 31.03(a), (e)(4)(D) (West Supp. 2014). The trial court assessed punishment at eighteen months’ confinement in state jail. 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. We advised appellant of his right to file a pro se response, but he did not file a pro se response. See Kelly v. State, 436 S.W.3d 313, 319–21 (Tex. Crim. App. 2014) (identifying duties of appellate courts and counsel in Anders cases). We have reviewed the record and counsel’s brief. See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005) (explaining appellate court’s duty in Anders cases). 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 judgment. /Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS JUSTICE Do Not Publish TEX. R. APP. P. 47 131617F.U05 -2- Court of Appeals Fifth District of Texas at Dallas JUDGMENT JESSE LEE AUSTIN, Appellant No. 05-13-01617-CR Appeal from the 416th Judicial District Court of Collin County, Texas (Tr.Ct.No. 416-82407-2013). Opinion delivered by Justice Lang-Miers, Justices Bridges and Myers 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 November 24, 2014. -3-
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