Brandon Kimon Mwaniki v. The State of Texas Appeal from 219th Judicial District Court of Collin County (memorandum opinion )
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Affirmed and Opinion Filed December 14, 2016 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-00093-CR BRANDON KIMON MWANIKI, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 219th Judicial District Court Collin County, Texas Trial Court Cause No. 219-81887-2014 MEMORANDUM OPINION Before Justices Bridges, Evans, and Schenck Opinion by Justice Bridges Brandon Kimon Mwaniki waived a jury and pleaded guilty to aggravated robbery with a deadly weapon, a firearm. See TEX. PENAL CODE ANN. § 29.03(a) (West 2011). After finding appellant guilty, the trial court assessed punishment at fifteen yeas’ imprisonment. 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. /David L. Bridges DAVID L. BRIDGES JUSTICE Do Not Publish TEX. R. APP. P. 47 160093F.U05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT BRANDON KIMON MWANIKI, Appellant No. 05-16-00093-CR On Appeal from the 219th Judicial District Court, Collin County, Texas Trial Court Cause No. 219-81887-2014. Opinion delivered by Justice Bridges. Justices Evans and Schenck 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 December 14, 2016. –3–
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