Michael Dee Cave v. State

AFFIRM; and Opinion Filed July 29, 2015. In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-01613-CR MICHAEL DEE CAVE, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 1 Dallas County, Texas Trial Court Cause No. F14-59553-H MEMORANDUM OPINION Before Justices Bridges, Lang, and Schenck Opinion by Justice Schenck Michael Dee Cave appeals his conviction for theft of property having a value less than $1,500, and having two prior theft convictions. See TEX. PENAL CODE ANN. § 31.03(a), (e)(4)(D) (West Supp. 2014). The trial court assessed punishment at one year’s confinement in a state jail. 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, 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 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. /David J. Schenck/ DAVID SCHENCK JUSTICE Do Not Publish TEX. R. APP. P. 47 141613F.U05 -2- Court of Appeals Fifth District of Texas at Dallas JUDGMENT MICHAEL DEE CAVE, Appellant Appeal from the Criminal District Court No. 1 of Dallas County, Texas (Tr.Ct.No. No. 05-14-01613-CR V. F14-59553-H). Opinion delivered by Justice Schenck, THE STATE OF TEXAS, Appellee Justices Bridges and Lang participating. Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED. Judgment entered July 29, 2015. -3-