James Otis Jones v. The State of Texas Appeal from 380th Judicial District Court of Collin County (memorandum opinion)

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Affirmed and Opinion Filed February 8, 2018 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00159-CR JAMES OTIS JONES, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 380th Judicial District Court Collin County, Texas Trial Court Cause No. 380-81551-2015 MEMORANDUM OPINION Before Justices Bridges, Myers, and Schenck Opinion by Justice Bridges James Otis Jones waived a jury and pleaded guilty to murder. During the punishment phase, appellant pleaded not true to two enhancement paragraphs. After finding appellant guilty and the enhancement paragraphs true, the trial court assessed punishment at life imprisonment and a $10,000 fine. 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, 812 (Tex. Crim. App. [Panel Op.] 1978) (determining whether brief meets requirements of Anders). 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. /David L. Bridges/ DAVID L. BRIDGES JUSTICE Do Not Publish TEX. R. APP. P. 47 170159F.U05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT JAMES OTIS JONES, Appellant No. 05-17-00159-CR On Appeal from the 380th Judicial District Court, Collin County, Texas Trial Court Cause No. 380-81551-2015. Opinion delivered by Justice Bridges. Justices Myers 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 February 8, 2018. –3–

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