Rose Mary Hawkins v. The State of TexasAppeal from Criminal District Court No. 4 of Dallas County (memorandum opinion )

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AFFIRM; Opinion Filed May 8, 2013. In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01355-CR ROSE MARY HAWKINS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 4 Dallas County, Texas Trial Court Cause No. F12-23943-K MEMORANDUM OPINION Before Justices FitzGerald, Murphy, and Lewis Opinion by Justice FitzGerald Rose Mary Hawkins waived a jury and pleaded guilty to theft of property valued at less than $1,500 and with two prior theft convictions. See TEX. PENAL CODE ANN. § 31.03(a), (e)(4)(D) (West 2011). The trial court assessed punishment at 18 months confinement in state jail and a $1,000 fine. 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 her right to file a pro se response, but she 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. /Kerry P. FitzGerald/ KERRY P. FITZGERALD JUSTICE Do Not Publish TEX. R. APP. P. 47 121355F.U05 -2- Court of Appeals Fifth District of Texas at Dallas JUDGMENT ROSE MARY HAWKINS, Appellant No. 05-12-01355-CR Appeal from the Criminal District Court No. 4 of Dallas County, Texas (Tr.Ct.No. F12-23943-K). Opinion delivered by Justice FitzGerald, Justices Murphy and Lewis 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 May 8, 2013. /Kerry P. FitzGerald/ KERRY P. FITZGERALD JUSTICE -3-

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