Danny Martinez v. The State of Texas Appeal from 204th Judicial District Court of Dallas County (memorandum opinion)

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Affirmed and Opinion Filed October 2, 2017 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-01197-CR DANNY MARTINEZ, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 204th Judicial District Court Dallas County, Texas Trial Court Cause No. F16-00594-Q MEMORANDUM OPINION Before Justices Bridges, Fillmore, and Stoddart Opinion by Justice Bridges A jury convicted Danny Martinez for aggravated robbery with a deadly weapon and assessed punishment at seven years’ 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. See Kelly v. State, 436 S.W.3d 313, 319–21 (Tex. Crim. App. 2014) (noting appellant has right to file pro se response to Anders brief filed by counsel). Appellant filed a pro se response raising several issues. After reviewing counsel’s brief, appellant’s pro se response, and the record, we agree the appeal is frivolous and without merit. See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005) (explaining appellate court’s duty in Anders cases). 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 /David L. Bridges/ DAVID L. BRIDGES JUSTICE Do Not Publish TEX.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 161197F.U05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT DANNY MARTINEZ, Appellant No. 05-16-01197-CR On Appeal from the 204th Judicial District Court, Dallas County, Texas Trial Court Cause No. F16-00594-Q. Opinion delivered by Justice Bridges. Justices Fillmore and Stoddart 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 October 2, 2017. –3–

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