Devon D. Allen v. The State of Texas Appeal from 291st Judicial District Court of Dallas County (memorandum opinion)

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AFFIRMED; Opinion Filed October 26, 2018. In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00923-CR DEVON D. ALLEN, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 291st Judicial District Court Dallas County, Texas Trial Court Cause No. F16-00628-U MEMORANDUM OPINION Before Justices Myers, Evans, and Brown Opinion by Justice Evans A jury convicted Devon D. Allen for aggravated assault with a deadly weapon, a firearm, and assessed punishment at eighteen years’ imprisonment. 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. 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 /David Evans/ DAVID EVANS JUSTICE Do Not Publish TEX. R. APP. P. 47 170923F.U05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT DEVON D. ALLEN, Appellant No. 05-17-00923-CR On Appeal from the 291st Judicial District Court, Dallas County, Texas Trial Court Cause No. F16-00628-U. Opinion delivered by Justice Evans. Justices Myers and Brown 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 October, 2018. –3–