Mark Thomas, Jr. v. State ( 2014 )

AFFIRM; and Opinion filed February 27, 2014.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-00316-CR
MARK THOMAS, JR., Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 196th Judicial District Court
Hunt County, Texas
Trial Court Cause No. 27,514
MEMORANDUM OPINION
Before Justices FitzGerald, Fillmore, and Evans
Opinion by Justice Fillmore
Mark Thomas, Jr. appeals following the adjudication of his guilt for aggravated assault
with a deadly weapon. See TEX. PENAL CODE ANN. § 22.02(a) (West 2011). The trial court
assessed punishment at fourteen years’ imprisonment. On appeal, Thomas’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 (Tex. Crim. App. [Panel Op.] 1978). Counsel delivered a
copy of the brief to Thomas. We advised Thomas of his right to file a pro se response, but he did
not file a pro se response.
We have reviewed the record 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
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.
/Robert M. Fillmore/
ROBERT M. FILLMORE
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
130316F.U05
-2-
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
MARK THOMAS, JR., Appellant Appeal from the 196th Judicial District
Court of Hunt County, Texas (Tr.Ct.No.
No. 05-13-00316-CR V. 27,514).
Opinion delivered by Justice Fillmore,
THE STATE OF TEXAS, Appellee Justices FitzGerald and Evans participating.
Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED.
Judgment entered February 27, 2014.
/Robert M. Fillmore/
ROBERT M. FILLMORE
JUSTICE
-3-