Stephanie Dawn Davis v. The State of Texas Appeal from 296th Judicial District Court of Collin County (memorandum opinion)
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AFFIRM; and Opinion Filed September 28, 2017. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-01308-CR STEPHANIE DAWN DAVIS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 296th Judicial District Court Collin County, Texas Trial Court Cause No. 296-80238-2016 MEMORANDUM OPINION Before Justices Lang-Miers, Brown, and Boatright Opinion by Justice Lang-Miers Appellant Stephanie Dawn Davis was indicted for injury to a child with intent to cause serious bodily injury (Count I) and manslaughter (Count II) in a two-count indictment. A jury convicted appellant of the offenses listed in both counts. During the punishment phase, the State elected to seek punishment only on Count I, injury to a child with intent to cause serious bodily injury, and abandoned Count II, manslaughter. The jury 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) (noting appellant has right to file pro se response to Anders brief filed by counsel). 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. /Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS JUSTICE Do Not Publish TEX. R. APP. P. 47 161308F.U05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT STEPHANIE DAWN DAVIS, Appellant No. 05-16-01308-CR On Appeal from the 296th Judicial District Court, Collin County, Texas Trial Court Cause No. 296-80238-2016. Opinion delivered by Justice Lang-Miers. Justices Brown and Boatright 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 28th day of September, 2017. –3–
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