Angel David Ortiz v. The State of Texas Appeal from Criminal District Court No. 2 of Dallas County (memorandum opinion )

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AFFIRMED and Opinion Filed June 1, 2016. In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-01230-CR ANGEL DAVID ORTIZ, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 2 Dallas County, Texas Trial Court Cause No. F-1141183-I MEMORANDUM OPINION Before Justices Lang-Miers, Evans, and Brown Opinion by Justice Evans Angel David Ortiz appeals his conviction, following the adjudication of his guilt, for aggravated assault with a deadly weapon. See TEX. PENAL CODE ANN. § 22.02(a) (West 2011). 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 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. /David Evans/ DAVID EVANS JUSTICE Do Not Publish TEX. R. APP. P. 47 151230F.U05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT ANGEL DAVID ORTIZ, Appellant No. 05-15-01230-CR On Appeal from the Criminal District Court No. 2, Dallas County, Texas Trial Court Cause No. F-1141183-I Opinion delivered by Justice Evans, Justices Lang-Miers and Brown 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 1st day of June, 2016. –3–

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