Kevin Laverne Price v. The State of TexasAppeal from Criminal District Court No. 2 of Dallas County (memorandum opinion )

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AFFIRM; and Opinion File September 30, 2013. In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00118-CR KEVIN LAVERNE PRICE, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 2 Dallas County, Texas Trial Court Cause No. F11-71367-I MEMORANDUM OPINION Before Justices Bridges, Fillmore, and Lewis Opinion by Justice Fillmore Kevin Laverne Price waived a jury and pleaded guilty to assault involving family violence, with two prior assault-family violence convictions. See TEX. PENAL CODE ANN. § 22.01(a)(1), (b)(2)(A) (West 2011); TEX. FAM. CODE ANN. §§ 71.0021, 71.005 (West 2008 & Supp. 2012). The trial court assessed punishment, enhanced by one prior felony conviction, at ten years imprisonment. See TEX. PENAL CODE ANN. § 12.42(a) (West Supp. 2012). On appeal, appellant s attorney filed a brief in which he 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. /Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE Do Not Publish TEX. R. APP. P. 47 130118F.U05 -2- Court of Appeals Fifth District of Texas at Dallas JUDGMENT KEVIN LAVERNE PRICE, Appellant No. 05-13-00118-CR Appeal from the Criminal District Court No. 2 of Dallas County, Texas (Tr.Ct.No. F11-71367-I). Opinion delivered by Justice Fillmore, Justices Bridges 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 September 30, 2013. /Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE -3-

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