Wanda Kay Tenery v. State ( 2018 )

Affirmed; Opinion Filed January 29, 2018.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-17-00637-CR
WANDA KAY TENERY, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 439th Judicial District Court
Rockwall County, Texas
Trial Court Cause No. 2-10-158
MEMORANDUM OPINION
Before Justices Lang, Brown, and Whitehill
Opinion by Justice Lang
Wanda Kay Tenery appeals her conviction, following the revocation of her community
supervision, for credit card abuse. After finding the allegations in the State’s amended motion to
revoke community supervision true, the trial court assessed punishment at twenty months of
confinement in state jail. 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, 812 (Tex. Crim. App. [Panel Op.] 1978) (determining whether brief meets requirements of
Anders). Counsel delivered a copy of the brief to appellant. See Kelly v. State, 436 S.W.3d 313,
319–21 (Tex. Crim. App. 2014) (noting appellant has right to file pro se response to Anders brief
filed by counsel).
Appellant filed a pro se response raising several issues. After reviewing counsel’s brief,
appellant’s pro se response, and the record, we agree the appeal is frivolous and without merit.
See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005) (explaining appellate
court’s duty in Anders cases). We find nothing in the record that might arguably support the
appeal.
We affirm the trial court’s judgment.
/Douglas S. Lang/
DOUGLAS S. LANG
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
170637F.U05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
WANDA KAY TENERY, Appellant On Appeal from the 439th Judicial District
Court, Rockwall County, Texas
No. 05-17-00637-CR V. Trial Court Cause No. 2-10-158.
Opinion delivered by Justice Lang. Justices
THE STATE OF TEXAS, Appellee Brown and Whitehill participating.
Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED.
Judgment entered this 29th day of January, 2018.
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