John Ellsworth Black v. The State of TexasAppeal from Criminal District Court No. 1 of Dallas County (memorandum opinion )
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AFFIRMED; Opinion Filed July 28, 2014. In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01591-CR No. 05-13-01592-CR JOHN ELLSWORTH BLACK, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 1 Dallas County, Texas Trial Court Cause Nos. F12-42003-H, F13-25019-H MEMORANDUM OPINION Before Justices Lang, Myers, and Brown Opinion by Justice Myers John Ellsworth Black appeals his convictions for theft of property. In cause no. 05-1301591-CR, appellant waived a jury, pleaded guilty to theft of property valued less than $1,500, having two prior theft convictions, and pleaded true to two enhancement paragraphs. See TEX. PENAL CODE ANN. ยง 31.03(a), (e)(4) (West Supp. 2013). Pursuant to a plea agreement, the trial court assessed punishment at ten years imprisonment, probated for four years, and a $2,000 fine. The trial court later revoked appellant s community supervision finding that he violated several conditions of community supervision, including committing a new theft offense. The trial court assessed punishment at seven years imprisonment. In cause no. 05-13-01592-CR, appellant waived a jury, pleaded guilty to theft of property valued less than $1,500, having two prior theft convictions, and pleaded true to two enhancement paragraphs. See id. The trial court assessed punishment at seven years imprisonment. On appeal, appellant s attorney filed a brief in which he 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, 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 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. / Lana Myers/ LANA MYERS JUSTICE Do Not Publish TEX. R. APP. P. 47 131591F.U05 -2- Court of Appeals Fifth District of Texas at Dallas JUDGMENT JOHN ELLSWORTH BLACK, Appellant No. 05-13-01591-CR Appeal from the Criminal District Court No. 1 of Dallas County, Texas (Tr.Ct.No. F12-42003-H). Opinion delivered by Justice Myers, Justices Lang 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 July 28, 2014. -3- Court of Appeals Fifth District of Texas at Dallas JUDGMENT JOHN ELLSWORTH BLACK, Appellant No. 05-13-01592-CR Appeal from the Criminal District Court No. 1 of Dallas County, Texas (Tr.Ct.No. F13-25019-H). Opinion delivered by Justice Myers, Justices Lang 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 July 28, 2014. -4-
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