Anthony Michael Vigil v. The State of Texas Appeal from 397th Judicial District Court of Grayson County (memorandum opinion )
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AFFIRM; and Opinion Filed October 20, 2014. In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00401-CR ANTHONY MICHAEL VIGIL, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 397th Judicial District Court Grayson County, Texas Trial Court Cause No. 063462 MEMORANDUM OPINION Before Justices FitzGerald, Fillmore, and Stoddart Opinion by Justice Fillmore Anthony Michael Vigil pleaded guilty before a jury to assault involving family violence, with a prior assault-family violence conviction. See TEX. PENAL CODE ANN. § 22.01(a)(1), (b)(2) (West 2011); TEX. FAM. CODE ANN. §§ 71.0021, 71.005 (West 2008 & Supp. 2014). Vigil also pleaded true to one enhancement paragraph alleging a prior felony conviction. The jury found the enhancement paragraph true and assessed punishment at ten years imprisonment and a $5,000 fine. On appeal, Vigil 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 Vigil. We advised Vigil 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 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 /Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE Do Not Publish TEX.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 140401F.U05 -2- Court of Appeals Fifth District of Texas at Dallas JUDGMENT ANTHONY MICHAEL VIGIL, Appellant No. 05-14-00401-CR Appeal from the 397th Judicial District Court of Grayson County, Texas (Tr.Ct.No. 063462). Opinion delivered by Justice Fillmore, Justices FitzGerald and Stoddart 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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