Tracy Rebecca Sivert v. State

Affirmed and Opinion Filed October 21, 2014
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-01563-CR
No. 05-13-01564-CR
No. 05-13-01565-CR
No. 05-13-01566-CR
TRACY REBECCA SIVERT, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 194th Judicial District Court
Dallas County, Texas
Trial Court Cause Nos. F12-57787-M, F12-61367-M, F12-61732-CR, F12-61733-M
MEMORANDUM OPINION
Before Justices FitzGerald, Fillmore, and Stoddart
Opinion by Justice FitzGerald
Tracy Rebecca Sivert waived a jury and pleaded guilty to one offense of abandoning a
child with intent to return and three offenses of aggravated sexual assault of a child younger than
fourteen years.1 The trial court assessed punishment at two years’ confinement in a state jail on
the abandoning child conviction and thirty years’ imprisonment on each aggravated sexual
assault of a child conviction. On appeal, appellant’s attorney filed a brief in which he concludes
1
See TEX. PENAL CODE ANN. §§ 22.021(a)(1)(B), 22.041(b), (d)(1) (West 2011 & Supp. 2014).
the appeals are wholly frivolous and without merit. The brief meets the requirements of Anders
v. California.2 The brief presents a professional evaluation of the record showing why, in effect,
there are no arguable grounds to advance.3 Counsel delivered a copy of the brief to appellant.
We advised appellant of her right to file a pro se response, but she did not file a pro se response.4
We have reviewed the record and counsel’s brief.5 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.
Do Not Publish
TEX. R. APP. P. 47
131563F.U05
/Kerry P. FitzGerald/
KERRY P. FITZGERALD
JUSTICE
2
386 U.S. 738 (1967)
3
See High v. State, 573 S.W.2d 807, 811–12 (Tex. Crim. App. [Panel Op.] 1978).
4
See Kelly v. State, 436 S.W.3d 313, 319–21 (Tex. Crim. App. 2014) (identifying duties of appellate courts and counsel in Anders cases).
5
See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005) (explaining appellate court’s duty in Anders cases).
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
TRACY REBECCA SIVERT, Appellant Appeal from the 194th Judicial District
Court of Dallas County, Texas (Tr.Ct.No.
No. 05-13-01563-CR V. F12-057787-M.
Opinion delivered by Justice FitzGerald,
THE STATE OF TEXAS, Appellee Justices Fillmore and Stoddart participating.
Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED.
Judgment entered October 21, 2014
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
TRACY REBECCA SIVERT, Appellant Appeal from the 194th Judicial District
Court of Dallas County, Texas (Tr.Ct.No.
No. 05-13-01564-CR V. F12-61367-M.
Opinion delivered by Justice FitzGerald,
THE STATE OF TEXAS, Appellee Justices Fillmore and Stoddart participating.
Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED.
Judgment entered October 21, 2014
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
TRACY REBECCA SIVERT, Appellant Appeal from the 194th Judicial District
Court of Dallas County, Texas (Tr.Ct.No.
No. 05-13-01565-CR V. F12-61732-M.
Opinion delivered by Justice FitzGerald,
THE STATE OF TEXAS, Appellee Justices Fillmore and Stoddart participating.
Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED.
Judgment entered October 21, 2014
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
TRACY REBECCA SIVERT, Appellant Appeal from the 194th Judicial District
Court of Dallas County, Texas (Tr.Ct.No.
No. 05-13-01566-CR V. F12-61733-M.
Opinion delivered by Justice FitzGerald,
THE STATE OF TEXAS, Appellee Justices Fillmore and Stoddart participating.
Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED.
Judgment entered October 21, 2014
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