Brandon Kimon Mwaniki v. State ( 2016 )

Affirmed and Opinion Filed December 14, 2016
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-16-00093-CR
BRANDON KIMON MWANIKI, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 219th Judicial District Court
Collin County, Texas
Trial Court Cause No. 219-81887-2014
MEMORANDUM OPINION
Before Justices Bridges, Evans, and Schenck
Opinion by Justice Bridges
Brandon Kimon Mwaniki waived a jury and pleaded guilty to aggravated robbery with a
deadly weapon, a firearm. See TEX. PENAL CODE ANN. § 29.03(a) (West 2011). After finding
appellant guilty, the trial court assessed punishment at fifteen yeas’ 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, 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.
/David L. Bridges
DAVID L. BRIDGES
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
160093F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
BRANDON KIMON MWANIKI, Appellant On Appeal from the 219th Judicial District
Court, Collin County, Texas
No. 05-16-00093-CR V. Trial Court Cause No. 219-81887-2014.
Opinion delivered by Justice Bridges.
THE STATE OF TEXAS, Appellee Justices Evans and Schenck participating.
Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED.
Judgment entered December 14, 2016.
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