Justin Wayne Warren v. The State of Texas Appeal from Criminal District Court No. 2 of Dallas County (memorandum opinion)
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Affirmed; Opinion Filed August 6, 2018. In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-01130-CR JUSTIN WAYNE WARREN, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 2 Dallas County, Texas Trial Court Cause No. F17-50870-I MEMORANDUM OPINION Before Justices Lang-Miers, Evans, and Schenck Opinion by Justice Evans Appellant Justin Wayne Warren waived a jury trial and pleaded guilty to aggravated assault causing serious bodily injury involving family violence. After finding appellant guilty, the trial court made an affirmative finding that appellant used or exhibited a deadly weapon, a hammer and a saw, during the commission of the offense, found that two enhancement paragraphs were true, and assessed punishment at fifty 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 /David Evans/ DAVID EVANS JUSTICE Do Not Publish TEX.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 171130F.U05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT JUSTIN WAYNE WARREN, Appellant No. 05-17-01130-CR On Appeal from the Criminal District Court No. 2, Dallas County, Texas Trial Court Cause No. F17-50870-I. Opinion delivered by Justice Evans. Justices Lang-Miers 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 this 6th day of August, 2018. –3–
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