Mikey Albert Lopez v. State ( 2016 )


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  • AFFIRMED; Opinion Filed November 30, 2016
    In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-16-00103-CR
    MIKEY ALBERT LOPEZ, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from the 265th Judicial District Court
    Dallas County, Texas
    Trial Court Cause No. F15-54865-R
    MEMORANDUM OPINION
    Before Justices Lang, Brown, and Whitehill
    Opinion by Justice Lang
    Mikey Albert Lopez waived a jury and pleaded guilty to aggravated robbery with a
    deadly weapon. See TEX. PENAL CODE ANN. § 29.03(a)(2) (West 2011). After finding appellant
    guilty, the trial court assessed punishment at ten years’ imprisonment. On appeal, appellant’s
    attorney filed a brief in which he 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
    , 811–12 (Tex. Crim. App. [Panel Op.]
    1978). 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) (identifying duties of appellate courts and counsel in Anders
    cases).
    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.
    /Douglas S. Lang/
    DOUGLAS S. LANG
    JUSTICE
    Do Not Publish
    TEX. R. APP. P. 47
    160103F.U05
    –2–
    Court of Appeals
    Fifth District of Texas at Dallas
    JUDGMENT
    MIKEY ALBERT LOPEZ, Appellant                       On Appeal from the 265th Judicial District
    Court, Dallas County, Texas
    No. 05-16-00103-CR        V.                        Trial Court Cause No. F15-54865-R.
    Opinion delivered by Justice Lang. Justices
    THE STATE OF TEXAS, Appellee                        Brown and Whitehill participating.
    Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED.
    Judgment entered this 30th day of November, 2016.
    –3–
    

Document Info

Docket Number: 05-16-00103-CR

Filed Date: 11/30/2016

Precedential Status: Precedential

Modified Date: 12/5/2016