Wanda Kay Tenery v. The State of Texas Appeal from 439th Judicial District Court of Rockwall County (memorandum opinion)
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Affirmed; Opinion Filed January 29, 2018. In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00637-CR WANDA KAY TENERY, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 439th Judicial District Court Rockwall County, Texas Trial Court Cause No. 2-10-158 MEMORANDUM OPINION Before Justices Lang, Brown, and Whitehill Opinion by Justice Lang Wanda Kay Tenery appeals her conviction, following the revocation of her community supervision, for credit card abuse. After finding the allegations in the State’s amended motion to revoke community supervision true, the trial court assessed punishment at twenty months of confinement in state jail. 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 judgment. /Douglas S. Lang/ DOUGLAS S. LANG JUSTICE Do Not Publish TEX. R. APP. P. 47 170637F.U05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT WANDA KAY TENERY, Appellant No. 05-17-00637-CR On Appeal from the 439th Judicial District Court, Rockwall County, Texas Trial Court Cause No. 2-10-158. Opinion delivered by Justice Lang. Justices Brown and Whitehill 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 29th day of January, 2018. –3–
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