Kenneth Avery Farr v. State ( 2014 )

AFFIRM; and Opinion Filed September 11, 2014.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-01461-CR
No. 05-13-01462-CR
KENNETH AVERY FARR, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 292nd Judicial District Court
Dallas County, Texas
Trial Court Cause Nos. F13-55168-V, F13-57650-V
MEMORANDUM OPINION
Before Justices O’Neill, Lang-Miers, and Brown
Opinion by Justice Lang-Miers
Kenneth Avery Farr waived a jury, pleaded guilty to theft of property less than $1,500,
having two prior theft convictions, and forgery by check. See TEX. PENAL CODE ANN.
§§ 31.03(a), (e)(4), 32.21(b), (d) (West 2011 & Supp. 2014). Also, in each case, appellant
pleaded true to two enhancement paragraphs alleging prior state jail felony convictions. After
finding appellant guilty, the trial court assessed punishment at four years’ imprisonment for the
theft and five years’ imprisonment for the forgery. See TEX. PENAL CODE ANN. § 12.425(a)
(West Supp. 2014). 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, 811–12 (Tex. Crim. App. [Panel Op.] 1978). Counsel delivered a copy of the brief to
appellant. See Kelly v. State, 2014 WL 2865901 (Tex. Crim. App. June 25, 2014) (identifying
duties of appellate courts and counsel in Anders cases).
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 appeals are 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
appeals.
We affirm the trial court’s judgments.
/Elizabeth Lang-Miers/
ELIZABETH LANG-MIERS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
131461F.U05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
KENNETH AVERY FARR, Appellant Appeal from the 292nd Judicial District
Court of Dallas County, Texas (Tr.Ct.No.
No. 05-13-01461-CR V. F13-55168-V).
Opinion delivered by Justice Lang-Miers,
THE STATE OF TEXAS, Appellee Justices O’Neill and Brown 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
KENNETH AVERY FARR, Appellant Appeal from the 292nd Judicial District
Court of Dallas County, Texas (Tr.Ct.No.
No. 05-13-01462-CR V. F13-57650-V).
Opinion delivered by Justice Lang-Miers,
THE STATE OF TEXAS, Appellee Justices O’Neill and Brown 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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