Juan Joshios Ortiz v. State

AFFIRMED; Opinion Filed September 11, 2014. In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01491-CR No. 05-13-01492-CR JUAN JOSHIOS ORTIZ, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 429th Judicial District Court Collin County, Texas Trial Court Cause Nos. 429-82027-09, 429-82280-09 MEMORANDUM OPINION Before Justices Francis, Myers, and Lewis Opinion by Justice Myers Juan Joshios Ortiz waived a jury and pleaded guilty to two charges of aggravated robbery with a deadly weapon. See TEX. PENAL CODE ANN. § 29.03(a)(2) (West 2011). The trial court assessed punishment at eighteen 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, 2014 WL 2865901 (Tex. Crim. App. June 25, 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. / Lana Myers/ LANA MYERS JUSTICE Do Not Publish TEX. R. APP. P. 47 131491F.U05 -2- Court of Appeals Fifth District of Texas at Dallas JUDGMENT JUAN JOSHIOS ORTIZ, Appellant Appeal from the 429th Judicial District Court of Collin County, Texas (Tr.Ct.No. No. 05-13-01491-CR V. 429-82027-09). Opinion delivered by Justice Myers, THE STATE OF TEXAS, Appellee Justices Francis and Lewis participating. Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED. Judgment entered September 11, 2014. -3- Court of Appeals Fifth District of Texas at Dallas JUDGMENT JUAN JOSHIOS ORTIZ, Appellant Appeal from the 429th Judicial District Court of Collin County, Texas (Tr.Ct.No. No. 05-13-01492-CR V. 429-82280-09). Opinion delivered by Justice Myers, THE STATE OF TEXAS, Appellee Justices Francis and Lewis participating. Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED. Judgment entered September 11, 2014. -4-