Ray Anthony Myers v. The State of Texas Appeal from 363rd Judicial District Court of Dallas County (memorandum opinion )
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AFFIRMED; Opinion Filed November 24, 2014. In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01571-CR No. 05-13-01572-CR RAY ANTHONY MYERS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 363rd Judicial District Court Dallas County, Texas Trial Court Cause Nos. F13-56192-W, F13-56193-W MEMORANDUM OPINION Before Justices FitzGerald, Lang, and Brown Opinion by Justice Lang Ray Anthony Myers waived a jury and pleaded guilty to felony DWI and possession of cocaine in an amount of one gram or more but less than four grams. See TEX. PENAL CODE ANN. §§ 49.04(a), 49.09(b)(2) (West Supp. 2014); TEX. HEALTH & SAFETY CODE ANN. § 481.115(a), (c) (West 2010). After finding appellant guilty, the trial court assessed punishment at seven years’ imprisonment on the felony DWI case and three years’ imprisonment on the cocaine case. 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. We advised appellant of his right to file a pro se response, but he did not file a pro se response. See Kelly v. State, 436 S.W.3d 313, 319–21 (Tex. Crim. App. 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 appeals are frivolous and without merit. We find nothing in the record that might arguably support the appeals. We affirm the trial court’s judgments. / Douglas S. Lang/ DOUGLAS S. LANG JUSTICE Do Not Publish TEX. R. APP. P. 47 131571F.U05 -2- Court of Appeals Fifth District of Texas at Dallas JUDGMENT RAY ANTHONY MYERS, Appellant No. 05-13-01571-CR Appeal from the 363rd Judicial District Court of Dallas County, Texas (Tr.Ct.No. F13-56192-W). Opinion delivered by Justice Lang, Justices FitzGerald 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 the 24th day of November, 2014. -3- Court of Appeals Fifth District of Texas at Dallas JUDGMENT RAY ANTHONY MYERS, Appellant No. 05-13-01572-CR Appeal from the 363rd Judicial District Court of Dallas County, Texas (Tr.Ct.No. F13-56193-W). Opinion delivered by Justice Lang, Justices FitzGerald 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 24th day of November, 2014. -4-
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