Patricia Ann Smith v. The State of Texas Appeal from 363rd Judicial District Court of Dallas County (memorandum opinion )
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AFFIRMED; Opinion Filed October 20, 2014. In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00193-CR PATRICIA ANN SMITH, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 363rd Judicial District Court Dallas County, Texas Trial Court Cause No. F13-49176-W MEMORANDUM OPINION Before Justices Bridges, Lang, and Evans Opinion by Justice Lang Patricia Ann Smith waived a jury and pleaded guilty to obtaining a controlled substance, dihydrocodeinone, by fraud. See TEX. HEALTH & SAFETY CODE ANN. ยง 481.129(a-1), (d-1)(2) (West Supp. 2014). The trial court assessed punishment at ten years imprisonment. 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 12 (Tex. Crim. App. [Panel Op.] 1978). Counsel delivered a copy of the brief to appellant. We advised appellant of her right to file a pro se response, but she 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 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. / Douglas S. Lang/ DOUGLAS S. LANG JUSTICE Do Not Publish TEX. R. APP. P. 47 140193F.U05 -2- Court of Appeals Fifth District of Texas at Dallas JUDGMENT PATRICIA ANN SMITH, Appellant No. 05-14-00193-CR Appeal from the 363rd Judicial District Court of Dallas County, Texas (Tr.Ct.No. F13-49176-W). Opinion delivered by Justice Lang, Justices Bridges and Evans 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 October 20, 2014. -3-
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