Victor Joel Suarez v. State

Affirmed and Opinion Filed October 22, 2014 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00221-CR No. 05-13-00222-CR No. 05-13-00240-CR VICTOR JOEL SUAREZ, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 4 Dallas County, Texas Trial Court Cause Nos. F09-41419-K, F06-45426-K & F06-45427-K MEMORANDUM OPINION Before Justices Bridges, Francis, and Myers Opinion by Justice Francis Victor Joel Suarez appeals from the adjudication of his guilt for assault family violence and two counts of endangering a child. The trial court assessed punishment at seven years for assault and two years state jail for each endangering child offense. 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. Although we advised appellant of his right to file a pro se response, he did not do so. See Kelly v. State, 436 S.W.3d 313, 320-22 (Tex. Crim. App. 2014) (identifying duties of appellate courts and counsel in Anders cases). We have reviewed the records 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 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 Do Not Publish TEX.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 130221F.P05 /Molly Francis/ MOLLY FRANCIS JUSTICE –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT VICTOR JOEL SUAREZ, Appellant On Appeal from the Criminal District Court No. 4, Dallas County, Texas No. 05-13-00221-CR V. Trial Court Cause No. F09-41419-K. Opinion delivered by Justice Francis, THE STATE OF TEXAS, Appellee Justices Bridges and Myers participating. Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED. Judgment entered October 22, 2014. –3– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT VICTOR JOEL SUAREZ, Appellant On Appeal from the Criminal District Court No. 4, Dallas County, Texas No. 05-13-00222-CR V. Trial Court Cause No. F06-45426-K. Opinion delivered by Justice Francis, THE STATE OF TEXAS, Appellee Justices Bridges and Myers participating. Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED. Judgment entered October 22, 2014. –4– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT VICTOR JOEL SUAREZ, Appellant On Appeal from the Criminal District Court No. 4, Dallas County, Texas No. 05-13-00240-CR V. Trial Court Cause No. F06-45427-K. Opinion delivered by Justice Francis, THE STATE OF TEXAS, Appellee Justices Bridges and Myers participating. Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED. Judgment entered October 22, 2014. –5–