Chad Eugene Appleton v. State ( 2014 )

AFFIRMED; Opinion Filed June 18, 2014.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-01245-CR
No. 05-13-01246-CR
CHAD EUGENE APPLETON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 196th Judicial District Court
Hunt County, Texas
Trial Court Cause Nos. 28,881 and 28,882
MEMORANDUM OPINION
Before Justices Moseley, O’Neill, and FitzGerald
Opinion by Justice Moseley
Chad Eugene Appleton waived a jury and pleaded guilty to theft of property valued at
$1,500 or more but less than $20,000 and evading arrest or detention while using a vehicle. See
TEX. PENAL CODE ANN. §§ 31.03(a), (e)(4)(A), 38.04(a), (b)(2)(A) (West Supp. 2013). The trial
court assessed punishment at eighteen months’ confinement in a state jail on the theft conviction.
The trial court assessed punishment, enhanced by two prior felony convictions, at thirty-five
years’ imprisonment on the evading arrest conviction. 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 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 (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.
We have reviewed the records and counsel’s brief. See Bledsoe v. State, 178 S.W.3d 824,
827 (Tex. Crim. App. 2005) (explaining appellate court’s duty in Anders cases). We agree the
appeals are frivolous and without merit. We find nothing in the records that might arguably
support the appeals.
We affirm the trial court’s judgments.
____________________________
JIM MOSELEY
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
131245F.U05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
CHAD EUGENE APPLETON, Appellant Appeal from the 196th Judicial District
Court of Hunt County, Texas (Tr.Ct.No.
No. 05-13-01245-CR V. 28,881).
Opinion delivered by Justice Moseley,
THE STATE OF TEXAS, Appellee Justices O’Neill and FitzGerald
participating.
Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED.
Judgment entered June 18, 2014.
/ Jim Moseley/
JIM MOSELEY
JUSTICE
-3-
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
CHAD EUGENE APPLETON, Appellant Appeal from the 196th Judicial District
Court of Hunt County, Texas (Tr.Ct.No.
No. 05-13-01246-CR V. 28,882).
Opinion delivered by Justice Moseley,
THE STATE OF TEXAS, Appellee Justices O’Neill and FitzGerald
participating.
Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED.
Judgment entered June 18, 2014.
/ Jim Moseley/
JIM MOSELEY
JUSTICE
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