Jesus Gutierrez Eliasar v. State

Affirmed and Opinion Filed September 11, 2014 In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00592-CR JESUS GUTIERREZ ELIASAR, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 7 Dallas County, Texas Trial Court Cause No. F13-00153-Y MEMORANDUM OPINION Before Justices Bridges, Lang, and Evans Opinion by Justice Bridges Jesus Gutierrez Eliasar pleaded guilty before a jury to murder. The jury found appellant guilty and assessed punishment at sixty-five years’ imprisonment and a $10,000 fine. See TEX. PENAL CODE ANN. § 19.02(b) (West 2011). 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, 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 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 Do Not Publish TEX.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 130592F.U05     /David L. Bridges/   DAVID L. BRIDGES   JUSTICE     ‐2‐    Court of Appeals Fifth District of Texas at Dallas JUDGMENT JESUS GUTIERREZ ELIASAR, Appeal from the Criminal District Court Appellant No. 7 of Dallas County, Texas (Tr.Ct.No. F13-00153-Y. No. 05-13-00592-CR V. Opinion delivered by Justice Bridges, Justices Lang and Evans participating. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED. Judgment entered September 11, 2014   ‐3‐