Jennie Gitau v. The State of Texas Appeal from 282nd Judicial District Court of Dallas County (memorandum opinion )
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AFFIRMED; Opinion Filed October 29, 2015. In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00235-CR JENNIE REBECCA GITAU, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 282nd Judicial District Court Dallas County, Texas Trial Court Cause No. F13-30933-S MEMORANDUM OPINION Before Justices Bridges, Francis, and Myers Opinion by Justice Myers A jury convicted Jennie Rebecca Gitau of aggravated assault with a deadly weapon. The jury assessed punishment at three years’ imprisonment and a $1000 fine, and recommended that the sentence and fine be probated. The trial court placed appellant on eight years’ community supervision and probated the fine. See TEX. PENAL CODE ANN. § 22.02(a) (West 2011). On appeal, appellant’s attorney filed a brief in which she 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. /s/ Lana Myers LANA MYERS JUSTICE Do Not Publish TEX. R. APP. P. 47 150235F.U05 -2- Court of Appeals Fifth District of Texas at Dallas JUDGMENT JENNIE REBECCA GITAU, Appellant No. 05-15-00235-CR Appeal from the 282nd Judicial District Court of Dallas County, Texas (Tr.Ct.No. F13-30933-S). Opinion delivered by Justice Myers, Justices Bridges and Francis 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 this October 29th, 2015. -3-
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