DocketNumber: 05-17-00188-CR
Filed Date: 1/26/2018
Status: Precedential
Modified Date: 1/31/2018
Affirmed and Opinion Filed January 26, 2018 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00188-CR DANNY CISCO GONZALES, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 265th Judicial District Court Dallas County, Texas Trial Court Cause No. F16-53967-R MEMORANDUM OPINION Before Justices Francis, Evans, and Boatright Opinion by Justice Francis Danny Cisco Gonzales waived a jury and pleaded guilty to aggravated robbery with a deadly weapon, a firearm. After finding appellant guilty, the trial court sentenced him to fifteen years in prison. On appeal, appellant’s attorney filed a brief in which he 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. We advised appellant of his right to file a pro se response, but he did not file a pro se response. 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). We have reviewed the record and counsel’s brief. See Bledsoe v. State,178 S.W.3d 824
, 826–27 (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. /Molly Francis/ MOLLY FRANCIS JUSTICE Do Not Publish TEX. R. APP. P. 47 170188F.U05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT DANNY CISCO GONZALES, Appellant On Appeal from the 265th Judicial District Court, Dallas County, Texas No. 05-17-00188-CR V. Trial Court Cause No. F16-53967-R. Opinion delivered by Justice Francis. THE STATE OF TEXAS, Appellee Justices Evans and Boatright participating. Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED. Judgment entered January 26, 2018. –3–