Joseph Todd Smith v. The State of Texas Appeal from 366th Judicial District Court of Collin County (memorandum opinion)

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Affirmed and Opinion Filed June 29, 2018 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00034-CR JOSEPH TODD SMITH, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 366th Judicial District Court Collin County, Texas Trial Court Cause No. 366-80590-2016 MEMORANDUM OPINION Before Justices Francis, Fillmore, and Whitehill Opinion by Justice Francis Joseph Todd Smith was charged in a twelve-count indictment with aggravated sexual assault of a child (count I & II), indecency with a child by sexual contact (counts III, IV, VII, VIII & XI), sexual assault of a child (counts V, VI, IX & X), and sexual performance of a child (count XII). Appellant waived a jury trial and pleaded not guilty to each allegation. After hearing evidence, the trial court found appellant guilty and sentenced him to thirty-five years in prison on counts I and II, and twenty years on counts III through XII). 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, 812 (Tex. Crim. App. [Panel Op.] 1978) (determining whether brief meets requirements of Anders). 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 judgments. /Molly Francis/ MOLLY FRANCIS JUSTICE Do Not Publish TEX. R. APP. P. 47 170034F.U05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT JOSEPH TODD SMITH, Appellant No. 05-17-00034-CR On Appeal from the 366th Judicial District Court, Collin County, Texas Trial Court Cause No. 366-80590-2016. Opinion delivered by Justice Francis. Justices Fillmore and Whitehill participating. V. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, the judgments of the trial court are AFFIRMED. Judgment entered June 29, 2018. –3–

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