Kevin Laverne Price v. State

AFFIRM; and Opinion File September 30, 2013. In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00118-CR KEVIN LAVERNE PRICE, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 2 Dallas County, Texas Trial Court Cause No. F11-71367-I MEMORANDUM OPINION Before Justices Bridges, Fillmore, and Lewis Opinion by Justice Fillmore Kevin Laverne Price waived a jury and pleaded guilty to assault involving family violence, with two prior assault-family violence convictions. See TEX. PENAL CODE ANN. § 22.01(a)(1), (b)(2)(A) (West 2011); TEX. FAM. CODE ANN. §§ 71.0021, 71.005 (West 2008 & Supp. 2012). The trial court assessed punishment, enhanced by one prior felony conviction, at ten years’ imprisonment. See TEX. PENAL CODE ANN. § 12.42(a) (West Supp. 2012). 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. /Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE Do Not Publish TEX. R. APP. P. 47 130118F.U05 -2- Court of Appeals Fifth District of Texas at Dallas JUDGMENT KEVIN LAVERNE PRICE, Appellant Appeal from the Criminal District Court No. 2 of Dallas County, Texas (Tr.Ct.No. No. 05-13-00118-CR V. F11-71367-I). Opinion delivered by Justice Fillmore, THE STATE OF TEXAS, Appellee Justices Bridges and Lewis participating. Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED. Judgment entered September 30, 2013. /Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE -3-