Bruce Edward Bingham v. The State of Texas Appeal from 439th Judicial District Court of Rockwall County (memorandum opinion)
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AFFIRM; and Opinion Filed January 26, 2018. In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00641-CR BRUCE EDWARD BINGHAM, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 439th Judicial District Court Rockwall County, Texas Trial Court Cause No. 2-16-057 MEMORANDUM OPINION Before Justices Bridges, Myers, and Schenck Opinion by Justice Schenck A jury convicted Bruce Edward Bingham of intoxication manslaughter with a deadly weapon, a motor vehicle. During the punishment phase, appellant pleaded true to one enhancement paragraph. The jury found the enhancement paragraph true and assessed punishment at sixty years’ imprisonment and a $2,000 fine. 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. /David J. Schenck/ DAVID J. SCHENCK JUSTICE Do Not Publish TEX. R. APP. P. 47 170641F.U05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT BRUCE EDWARD BINGHAM, Appellant No. 05-17-00641-CR On Appeal from the 439th Judicial District Court, Rockwall County, Texas Trial Court Cause No. 2-16-057. Opinion delivered by Justice Schenck. Justices Bridges 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 26th day of January, 2018. –3–
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