Kenneth James Estes v. The State of Texas Appeal from Criminal District Court No. 1 of Dallas County (memorandum opinion)
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AFFIRM; and Opinion Filed October 31, 2017. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00223-CR KENNETH JAMES ESTES, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 1 Dallas County, Texas Trial Court Cause No. F16-45456-H MEMORANDUM OPINION Before Justices Francis, Myers, and Whitehill Opinion by Justice Whitehill Kenneth James Estes appeals his conviction for possession with intent to deliver methamphetamine in an amount of four grams or more but less than 200 grams. After adjudicating appellant’s guilt, the trial court assessed punishment at imprisonment for twenty years. 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) (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 adjudicating guilt. /Bill Whitehill/ BILL WHITEHILL JUSTICE Do Not Publish TEX. R. APP. P. 47 170223F.U05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT KENNETH JAMES ESTES, Appellant No. 05-17-00223-CR On Appeal from the Criminal District Court No. 1, Dallas County, Texas Trial Court Cause No. F16-45456-H. Opinion delivered by Justice Whitehill. Justices Francis and Myers 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 31st day of October, 2017. –3–
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