Gerard Montrell Perry v. The State of Texas Appeal from Criminal District Court No. 4 of Dallas County (memorandum opinion)

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Affirmed; Opinion Filed June 28, 2018. In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00990-CR No. 05-17-00991-CR No. 05-17-00992-CR GERARD MONTRELL PERRY, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 4 Dallas County, Texas Trial Court Cause Nos. F16-11984-K, F16-11985-K, F16-11986-K MEMORANDUM OPINION Before Justices Lang, Myers, and Stoddart Opinion by Justice Myers Appellant Gerard Montrell Perry waived a jury trial and pleaded guilty to evading arrest; aggravated assault of a public servant with a deadly weapon, a motor vehicle; and abandonment of a child. After finding appellant guilty, the trial court assessed punishment at ten years’ imprisonment for evading arrest, fifteen years’ imprisonment for aggravated assault of a public servant, and two years’ confinement in state jail for abandonment of a child. On appeal, appellant’s attorney filed a brief in which she concludes the appeals are 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 appeals are frivolous and without merit. We find nothing in the record that might arguably support the appeals. We affirm the trial court’s judgments. /Lana Myers/ LANA MYERS JUSTICE Do Not Publish TEX. R. APP. P. 47 170990F.U05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT GERARD MONTRELL PERRY, Appellant No. 05-17-00990-CR On Appeal from the Criminal District Court No. 4, Dallas County, Texas Trial Court Cause No. F16-11984-K. Opinion delivered by Justice Myers. Justices Lang and Stoddart 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 28th day of June, 2018. –3– Court of Appeals Fifth District of Texas at Dallas JUDGMENT GERARD MONTRELL PERRY, Appellant No. 05-17-00991-CR On Appeal from the Criminal District Court No. 4, Dallas County, Texas Trial Court Cause No. F16-11985-K. Opinion delivered by Justice Myers. Justices Lang and Stoddart 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 28th day of June, 2018. –4– Court of Appeals Fifth District of Texas at Dallas JUDGMENT GERARD MONTRELL PERRY, Appellant No. 05-17-00992-CR On Appeal from the Criminal District Court No. 4, Dallas County, Texas Trial Court Cause No. F16-11986-K. Opinion delivered by Justice Myers. Justices Lang and Stoddart 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 28th day of June, 2018. –5–

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