Molly Ortiz v. State

AFFIRMED and Opinion Filed March 27, 2019
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-00081-CR
MOLLY ORTIZ, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 2
Dallas County, Texas
Trial Court Cause No. F16-30318-I
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Myers, and Justice Pedersen, III
Opinion by Chief Justice Burns
Appellant Molly Ortiz waived a jury trial and pleaded guilty to possession of
methamphetamine in an amount less than one gram. Pursuant to a plea agreement, the trial court
deferred adjudicating guilt, placed appellant on three years’ community supervision, and assessed
a $1,500 fine. 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. We advised appellant of her right to file a pro se
response, but she 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.
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
Do Not Publish
TEX. R. APP. P. 47
180081F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
MOLLY ORTIZ, Appellant On Appeal from the Criminal District Court
No. 2, Dallas County, Texas
No. 05-18-00081-CR V. Trial Court Cause No. F16-30318-I.
Opinion delivered by Chief Justice Burns.
THE STATE OF TEXAS, Appellee Justices Myers and Pedersen, III
participating.
Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED.
Judgment entered March 27, 2019.
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