Zachery Leatch v. State ( 2015 )


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  • Affirmed and Opinion Filed July 29, 2015
    In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-14-01496-CR
    ZACHERY LEATCH, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from the 265th Judicial District Court
    Dallas County, Texas
    Trial Court Cause No. F12-51448-R
    MEMORANDUM OPINION
    Before Justices Francis, Lang-Miers, and Whitehill
    Opinion by Justice Whitehill
    Zachery Leatch appeals his conviction, following the adjudication of his guilt, for
    burglary of a habitation. See TEX. PENAL CODE ANN. § 30.02(a)(1) (West 2011). The trial court
    assessed punishment at six 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
    , 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 adjudicating guilt.
    Do Not Publish
    TEX. R. APP. P. 47
    141496F.U05
    /Bill Whitehill/
    BILL WHITEHILL
    JUSTICE
    ‐2‐
    Court of Appeals
    Fifth District of Texas at Dallas
    JUDGMENT
    ZACHERY LEATCH, Appellant                            Appeal from the 265th Judicial District
    Court of Dallas County, Texas (Tr.Ct.No.
    No. 05-14-01496-CR         V.                        F12-51448-R).
    Opinion delivered by Justice Whitehill,
    THE STATE OF TEXAS, Appellee                         Justices Francis and Lang-Miers
    participating.
    Based on the Court’s opinion of this date, the trial court’s judgment adjudicating guilt is
    AFFIRMED.
    Judgment entered July 29, 2015
    ‐3‐
    

Document Info

Docket Number: 05-14-01496-CR

Filed Date: 7/29/2015

Precedential Status: Precedential

Modified Date: 7/30/2015