Kenneth Avery Farr v. The State of Texas Appeal from 292nd Judicial District Court of Dallas County (memorandum opinion )
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AFFIRM; and Opinion Filed September 11, 2014. In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01461-CR No. 05-13-01462-CR KENNETH AVERY FARR, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 292nd Judicial District Court Dallas County, Texas Trial Court Cause Nos. F13-55168-V, F13-57650-V MEMORANDUM OPINION Before Justices O Neill, Lang-Miers, and Brown Opinion by Justice Lang-Miers Kenneth Avery Farr waived a jury, pleaded guilty to theft of property less than $1,500, having two prior theft convictions, and forgery by check. See TEX. PENAL CODE ANN. §§ 31.03(a), (e)(4), 32.21(b), (d) (West 2011 & Supp. 2014). Also, in each case, appellant pleaded true to two enhancement paragraphs alleging prior state jail felony convictions. After finding appellant guilty, the trial court assessed punishment at four years imprisonment for the theft and five years imprisonment for the forgery. See TEX. PENAL CODE ANN. § 12.425(a) (West Supp. 2014). On appeal, appellant s attorney filed a brief in which she concludes the appeals are 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. See Kelly v. State, 2014 WL 2865901 (Tex. Crim. App. June 25, 2014) (identifying duties of appellate courts and counsel in Anders cases). Appellant filed a pro se response raising several issues After reviewing counsel s brief, appellant s pro se response, and the record, we agree the appeals are frivolous and without merit. See Bledsoe v. State, 178 S.W.3d 824, 826 27 (Tex. Crim. App. 2005) (explaining appellate court s duty in Anders cases). We find nothing in the record that might arguably support the appeals. We affirm the trial court s judgments. /Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS JUSTICE Do Not Publish TEX. R. APP. P. 47 131461F.U05 -2- Court of Appeals Fifth District of Texas at Dallas JUDGMENT KENNETH AVERY FARR, Appellant No. 05-13-01461-CR Appeal from the 292nd Judicial District Court of Dallas County, Texas (Tr.Ct.No. F13-55168-V). Opinion delivered by Justice Lang-Miers, Justices O Neill and Brown 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 11, 2014. -3- Court of Appeals Fifth District of Texas at Dallas JUDGMENT KENNETH AVERY FARR, Appellant No. 05-13-01462-CR Appeal from the 292nd Judicial District Court of Dallas County, Texas (Tr.Ct.No. F13-57650-V). Opinion delivered by Justice Lang-Miers, Justices O Neill and Brown 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 11, 2014. -4-
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