Jose Francisco Ortez v. State

Affirm and Opinion Filed October 1, 2013 In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01476-CR JOSE FRANCISCO ORTEZ, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 194th Judicial District Court Dallas County, Texas Trial Court Cause No. F01-52273-M MEMORANDUM OPINION Before Justices FitzGerald, Francis, and Myers Opinion by Justice Francis Jose Francisco Ortez appeals from the adjudication of his guilt for aggravated robbery with a deadly weapon. The trial court assessed punishment at imprisonment for seven years. On appeal, appellant’s attorney filed a brief in which he 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 (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. We have reviewed the record and counsel’s brief. See Bledsoe v. State, 178 S.W.3d 824, 827 (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. Do Not Publish TEX. R. APP. P. 47 131295F.U05     /Molly Francis/   MOLLY FRANCIS   JUSTICE       ‐2‐    Court of Appeals Fifth District of Texas at Dallas JUDGMENT JOSE FRANCISCO ORTEZ, Appellant Appeal from the 194th Judicial District Court of Dallas County, Texas (Tr.Ct.No. No. 05-12-01476-CR V. F01-52273-M). Opinion delivered by Justice Francis, THE STATE OF TEXAS, Appellee Justices FitzGerald and Myers participating. Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED. Judgment entered October 1, 2013             /Molly Francis/ MOLLY FRANCIS   JUSTICE   ‐3‐