Xavier Alexander Andrade v. State

Affirmed and Opinion Filed January 16, 2015 In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00703-CR No. 05-14-00718-CR No. 05-14-00721-CR No. 05-14-00722-CR XAVIER ALEXANDER ANDRADE, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 1 Dallas County, Texas Trial Court Cause Nos. F13-47191-H, F13-47190-H, F13-25334-H, F13-25336-H MEMORANDUM OPINION Before Justices Lang, Brown, and Whitehill Opinion by Justice Whitehill Xavier Alexander Andrade waived a jury and pleaded guilty to four aggravated robbery with a deadly weapon offenses. See TEX. PENAL CODE ANN. § 29.03(a)(2) (West 2011). The trial court, after observing appellant testify about the events underlying his convictions and observing his demeanor, assessed punishment at fifteen years’ imprisonment in each case. 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. 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) (identifying duties of appellate courts and counsel in Anders cases). 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 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 Do Not Publish TEX.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 140703F.U05         /Bill Whitehill/   BILL WHITEHILL JUSTICE   ‐2‐    Court of Appeals Fifth District of Texas at Dallas JUDGMENT XAVIER ALEXANDER ANDRADE, Appeal from the Criminal District Court Appellant No. 1 of Dallas County, Texas (Tr.Ct.No. F13-47191-H). No. 05-14-00703-CR V. Opinion delivered by Justice Whitehill, Justices Lang and Brown participating. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED. Judgment entered January 16, 2015 ‐3‐    Court of Appeals Fifth District of Texas at Dallas JUDGMENT XAVIER ALEXANDER ANDRADE, Appeal from the Criminal District Court Appellant No. 1 of Dallas County, Texas (Tr.Ct.No. F13-47190-H). No. 05-14-00718-CR V. Opinion delivered by Justice Whitehill, Justices Lang and Brown participating. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED. Judgment entered January 16, 2015 ‐4‐    Court of Appeals Fifth District of Texas at Dallas JUDGMENT XAVIER ALEXANDER ANDRADE, Appeal from the Criminal District Court Appellant No. 1 of Dallas County, Texas (Tr.Ct.No. F13-25334-H). No. 05-14-00721-CR V. Opinion delivered by Justice Whitehill, Justices Lang and Brown participating. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED. Judgment entered January 16, 2015 ‐5‐    Court of Appeals Fifth District of Texas at Dallas JUDGMENT XAVIER ALEXANDER ANDRADE, Appeal from the Criminal District Court Appellant No. 1 of Dallas County, Texas (Tr.Ct.No. F13-25336-H). No. 05-14-00722-CR V. Opinion delivered by Justice Whitehill, Justices Lang and Brown participating. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED. Judgment entered January 16, 2015   ‐6‐