Robert Richardson v. The State of Texas Appeal from 291st Judicial District Court of Dallas County (memorandum opinion)

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AFFIRMED; Opinion Filed January 25, 2019. In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00805-CR No. 05-18-00830-CR ROBERT BERNARD RICHARDSON, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 291st Judicial District Court Dallas County, Texas Trial Court Cause Nos. F15-76782-U, F17-18579-U MEMORANDUM OPINION Before Justices Schenck, Reichek, and Nowell Opinion by Justice Nowell Appellant Robert Bernard Richardson waived a jury trial and pleaded guilty to aggravated assault with a deadly weapon and possession of cocaine in an amount of one gram or more but less than four grams. After finding appellant guilty, the trial court assessed punishment at ten years’ imprisonment in each case. 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. /Erin A. Nowell/ ERIN A. NOWELL JUSTICE Do Not Publish TEX. R. APP. P. 47 180805F.U05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT ROBERT BERNARD RICHARDSON, Appellant No. 05-18-00805-CR On Appeal from the 291st Judicial District Court, Dallas County, Texas Trial Court Cause No. F15-76782-U. Opinion delivered by Justice Nowell. Justices Schenck and Reichek 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 25th day of January, 2019. –3– Court of Appeals Fifth District of Texas at Dallas JUDGMENT ROBERT BERNARD RICHARDSON, Appellant No. 05-18-00830-CR On Appeal from the 291st Judicial District Court, Dallas County, Texas Trial Court Cause No. F17-18579-U. Opinion delivered by Justice Nowell. Justices Schenck and Reichek 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 25th day of January, 2019. –4–

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