Troy Carl Tugen v. The State of Texas Appeal from 194th Judicial District Court of Dallas County (memorandum opinion )
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AFFIRMED; Opinion Filed June 2, 2016. In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-01085-CR TROY CARL TUGEN, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 194th Judicial District Court Dallas County, Texas Trial Court Cause No. F15-53884-M MEMORANDUM OPINION Before Justices Myers, Stoddart, and Whitehill Opinion by Justice Myers Troy Carl Tugen waived a jury, pleaded guilty to burglary of a building, and pleaded true to two enhancement paragraphs. The trial court deferred adjudicating guilt, placed appellant on ten years’ community supervision, and assessed a $750 fine. 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 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. /Lana Myers/ LANA MYERS JUSTICE Do Not Publish TEX. R. APP. P. 47 151085F.U05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT TROY CARL TUGEN, Appellant No. 05-15-01085-CR On Appeal from the 194th Judicial District Court, Dallas County, Texas Trial Court Cause No. F15-53884-M. Opinion delivered by Justice Myers. Justices Stoddart and Whitehill participating. V. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED. Judgment entered this 2nd day of June, 2016. –3–
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