Larry Grace v. The State of Texas Appeal from 265th 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. 05-13-01464-CR LARRY LEE GRACE, JR., Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 265th Judicial District Court Dallas County, Texas Trial Court Cause No. F12-54162-R MEMORANDUM OPINION Before Chief Justice Wright and Justices FitzGerald and Fillmore Opinion by Justice Fillmore Larry Lee Grace, Jr. appeals from the adjudication of his guilt for aggravated assault with a deadly weapon. See TEX. PENAL CODE ANN. § 22.02(a) (West 2011). The trial court assessed punishment at ten years imprisonment. On appeal, Grace 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 12 (Tex. Crim. App. [Panel Op.] 1978). Counsel delivered a copy of the brief to Grace. We advised Grace of his right to file a pro se response, but he did not file a pro se response. See Kelly v. State, 2014 WL 2865901 (Tex. Crim. App. June 25, 2014) (identifying duties of appellate courts and counsel in Anders cases). We have reviewed the record and counsel s brief. See Bledsoe v. State, 178 S.W.3d 824, 826 27 (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 /Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE Do Not Publish TEX.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 131464F.U05 -2- Court of Appeals Fifth District of Texas at Dallas JUDGMENT LARRY LEE GRACE, JR., Appellant No. 05-13-01464-CR Appeal from the 265th Judicial District Court of Dallas County, Texas (Tr.Ct.No. F12-54162-R). Opinion delivered by Justice Fillmore, Chief Justice Wright and Justice FitzGerald 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-

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