Brian Lee Lindeman v. State ( 2014 )

Affirmed and Opinion Filed September 11, 2014
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-01116-CR
No. 05-13-01117-CR
BRIAN LEE LINDEMAN, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 283rd Judicial District Court
Dallas County, Texas
Trial Court Cause Nos. F13-40794-T, F13-55173-T
MEMORANDUM OPINION
Before Chief Justice Wright and Justices FitzGerald and Fillmore
Opinion by Justice FitzGerald
Brian Lee Lindeman waived a jury and pleaded guilty to aggravated robbery with a
deadly weapon and unlawful possession of a firearm by a felon (UPFF).1 Also, in each case,
appellant pleaded true to one enhancement paragraph alleging a prior felony conviction. The
trial court assessed punishment at twenty years’ imprisonment for the aggravated robbery and ten
years’ imprisonment for the UPFF. On appeal, appellant’s attorney filed a brief in which she
concludes the appeals are wholly frivolous and without merit. The brief meets the requirements
1
See TEX. PENAL CODE ANN. §§ 29.03(a)(2), 46.04(a) (West 2011).
of Anders v. California.2 The brief presents a professional evaluation of the record showing
why, in effect, there are no arguable grounds to advance.3 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.4
We have reviewed the record and counsel’s brief.5 We agree the appeals are frivolous
and without merit. We find nothing in the record that might arguably support the appeals.
We affirm the trial court’s judgments.
Do Not Publish
TEX. R. APP. P. 47
131116F.U05
/Kerry P. FitzGerald/
KERRY P. FITZGERALD
JUSTICE
2
386 U.S. 738 (1967).
3
See High v. State, 573 S.W.2d 807, 811–12 (Tex. Crim. App. [Panel Op.] 1978).
4
See Kelly v. State, No. PD-0702-13, 2014 WL 2865901 (Tex. Crim. App. June 25, 2014) (identifying duties of
appellate courts and counsel in Anders cases).
5
See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005) (explaining appellate court’s duty in Anders
cases).
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
BRIAN LEE LINDEMAN, Appellant Appeal from the 283rd Judicial District
Court of Dallas County, Texas (Tr.Ct.No.
No. 05-13-01116-CR V. F13-40794-T).
Opinion delivered by Justice FitzGerald,
THE STATE OF TEXAS, Appellee Chief Justice Wright and Justice Fillmore
participating.
Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED.
Judgment entered September 11, 2014
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
BRIAN LEE LINDEMAN, Appellant Appeal from the 283rd Judicial District
Court of Dallas County, Texas (Tr.Ct.No.
No. 05-13-01117-CR V. F13-55173-T).
Opinion delivered by Justice FitzGerald,
THE STATE OF TEXAS, Appellee Chief Justice Wright and Justice Fillmore
participating.
Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED.
Judgment entered September 11, 2014
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