Fabian Fedrice Garza v. State ( 2014 )


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  • AFFIRMED; Opinion Filed February 27, 2014.
    In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-13-00452-CR
    No. 05-13-00453-CR
    No. 05-13-00454-CR
    FABIAN FEDRICE GARZA, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from the Criminal District Court No. 1
    Dallas County, Texas
    Trial Court Cause Nos. F12-28079-H, F12-24798-H, F12-27927-H
    MEMORANDUM OPINION
    Before Justices FitzGerald, Fillmore, and Evans
    Opinion by Justice Evans
    Fabian Fedrice Garza waived a jury and pleaded guilty to the offenses of theft from
    person, theft of property valued at $1,500 or more but less than $20,000, and burglary of a
    habitation. See TEX. PENAL CODE ANN. §§ 30.02(a), 31.03(b), (e)(4) (West 2011 & Supp. 2013).
    After finding appellant guilty, the trial court assessed punishment at twelve years’ imprisonment
    for the burglary and two years’ confinement in state jail for each theft 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 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
    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.
    / David Evans/
    DAVID EVANS
    JUSTICE
    Do Not Publish
    TEX. R. APP. P. 47
    130352F.U05
    -2-
    Court of Appeals
    Fifth District of Texas at Dallas
    JUDGMENT
    FABIAN FEDRICE GARZA, Appellant                   Appeal from the Criminal District Court
    No. 1 of Dallas County, Texas (Tr.Ct.No.
    No. 05-13-00452-CR       V.                       F12-28079-H).
    Opinion delivered by Justice Evans,
    THE STATE OF TEXAS, Appellee                      Justices FitzGerald and Fillmore
    participating.
    Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED.
    Judgment entered February 27, 2014.
    / David Evans/
    DAVID EVANS
    JUSTICE
    -3-
    Court of Appeals
    Fifth District of Texas at Dallas
    JUDGMENT
    FABIAN FEDRICE GARZA, Appellant                   Appeal from the Criminal District Court
    No. 1 of Dallas County, Texas (Tr.Ct.No.
    No. 05-13-00453-CR       V.                       F12-24798-H).
    Opinion delivered by Justice Evans,
    THE STATE OF TEXAS, Appellee                      Justices FitzGerald and Fillmore
    participating.
    Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED.
    Judgment entered February 27, 2014.
    / David Evans/
    DAVID EVANS
    JUSTICE
    -4-
    Court of Appeals
    Fifth District of Texas at Dallas
    JUDGMENT
    FABIAN FEDRICE GARZA, Appellant                   Appeal from the Criminal District Court
    No. 1 of Dallas County, Texas (Tr.Ct.No.
    No. 05-13-00454-CR       V.                       F12-27927-H).
    Opinion delivered by Justice Evans,
    THE STATE OF TEXAS, Appellee                      Justices FitzGerald and Fillmore
    participating.
    Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED.
    Judgment entered February 27, 2014.
    / David Evans/
    DAVID EVANS
    JUSTICE
    -5-
    

Document Info

Docket Number: 05-13-00452-CR

Filed Date: 2/27/2014

Precedential Status: Precedential

Modified Date: 10/16/2015