Jerry Don Peoples v. State

AFFIRM; and Opinion Filed October 26, 2018.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-00322-CR
JERRY DON PEOPLES, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 382nd Judicial District Court
Rockwall County, Texas
Trial Court Cause No. 2-17-0767
MEMORANDUM OPINION
Before Justices Bridges, Francis, and Lang-Miers
Opinion by Justice Lang-Miers
Appellant Jerry Don Peoples waived a jury trial and pleaded guilty to evading arrest or
detention with a prior evading arrest conviction. After finding appellant guilty, the trial court
assessed punishment at confinement in the state jail for twenty-four months. 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 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.
/Elizabeth Lang-Miers/
ELIZABETH LANG-MIERS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
180322F.U05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JERRY DON PEOPLES, Appellant On Appeal from the 382nd Judicial District
Court, Rockwall County, Texas
No. 05-18-00322-CR V. Trial Court Cause No. 2-17-0767.
Opinion delivered by Justice Lang-Miers.
THE STATE OF TEXAS, Appellee Justices Bridges and Francis participating.
Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED.
Judgment entered this 26th day of October, 2018.
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