Roberts, Sheldon v. The State of TexasAppeal from 283rd Judicial District Court of Dallas County (memorandum opinion by chief justice wright)

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AFFIRM; Opinion issued April 5, 2013 In The Court of Appeals Fifth District of Texas at Dallas No. 05-11-01712-CR SHELDON DAMON ROBERTS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 283rd Judicial District Court Dallas County, Texas Trial Court Cause No. F04-73256-T MEMORANDUM OPINION Before Chief Justice Wright and Justices Myers and Evans Opinion by Chief Justice Wright A jury convicted Sheldon Damon Roberts of capital murder, and the trial court assessed punishment at life imprisonment. See TEX. PENAL CODE ANN. § 19.03(a)(7) (West Supp. 2012). The Sixth District Court of Appeals 1 affirmed the conviction and sentence, but the Court of Criminal Appeals reversed the judgment as to capital murder, affirmed the conviction for the lesser-included offense of murder, and remanded to the trial court for assessment of punishment. See Roberts v. State, No. 06-05-00165-CR, 2007 WL 1702771 (Tex. App. Texarkana June 14, 1 The appeal of the original conviction was transferred from this Court to the Sixth District Court of Appeals pursuant to a docket equalization order. 2007), rev d, 273 S.W.3d 322 (Tex. Crim. App. 2008). After a hearing on remand, the trial court assessed punishment at life imprisonment. 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. 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 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. /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE Do Not Publish TEX. R. APP. P. 47 111712F.U05 -2- Court of Appeals Fifth District of Texas at Dallas JUDGMENT SHELDON DAMON ROBERTS, Appellant No. 05-11-01712-CR Appeal from the 283rd Judicial District Court of Dallas County, Texas (Tr.Ct.No. F04-73256-T). Opinion delivered by Chief Justice Wright, Justices Myers and Evans 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 April 5, 2013. /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE -3-

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