Mitchell, Tommy Ray v. The State of Texas--Appeal from 363rd Judicial District Court of Dallas County (memorandum opinion )

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____ AFFIRM; Opinion Filed January 15, 2013. In [he Qtourt of tpptat jfifti itrict of exa at 1EaIta No. 05-12-00555-CR TOMMY RAY MITCHELL, Appellant THE STATE OF TEXAS, Appellee On Appeal from the 363rd Judicial District Court I)allas County, Texas Trial Court Cause No. F09-24496-W MEMORANDUM OPINION Before .Justices Moseley, Francis, and Lang Opinion by Justice Lang Tommy Ray Mitchell appeals from the adjudication of his guilt for aggravated assault with a deadly weapon. See TEx. PENAL CODE ANN. § 22.02(a)(2) (West 2011). The trial court assessed punishment at three years 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 Antlers v. CaIi,fàrnla, 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. A court of appeals is not required to address the merits of claims raised in a pm se response. See Blecicoe t State. 178 S.W.3d 824. 827 (Tex. Crim. App. 2005) (expLaining appellate court s duty in Anders cases). Rather, the Court s duty is to detennine whether there are any arguable issues, and, if so, to remand the case to the trial court so that new counsel may be appointed to address those issues. Id. After reviewing counsel s brief, appellant s pro se response, and the record, we agree the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal. We affinn the trial court s judgment. JUS ICE Do Not Publish Tix. R. P.47 I 20555F.U05 -2- of ppea1 jTttIj 1Ottrict of cxa at at1a Qourt JUDGMENT ToMMY RAY M ITCHELL. Appellant No. 05-12-00555-CR Appeal from the 363rd Judicial District Court of Dallas County, Texas (Tr.Ct.No. F09-24496-W). Opinion delivered by Justice Lang, Justices Moseley and Francis 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 .January 18, 2013. 7 / .1 ¢ / / /i _ DOUGLAS S. LANG JUSTCE -3-

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