Elizabeth Nicole Henderson v. State

AFFIRM; and Opinion Filed September 11, 2014. In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01356-CR ELIZABETH NICOLE HENDERSON, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 204th Judicial District Court Dallas County, Texas Trial Court Cause No. F10-63121-Q MEMORANDUM OPINION Before Justices O’Neill, Lang-Miers, and Brown Opinion by Justice Brown Elizabeth Nicole Henderson appeals from the adjudication of her guilt for assault on a public servant. See TEX. PENAL CODE ANN. § 22.01(a), (b)(1) (West Supp. 2014). The trial court assessed punishment at five years’ imprisonment. 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, 811–12 (Tex. Crim. App. [Panel Op.] 1978). Counsel delivered a copy of the brief to appellant. We advised appellant of her right to file a pro se response, but she 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. /Ada Brown/ ADA BROWN JUSTICE Do Not Publish TEX. R. APP. P. 47 131356F.U05 -2- Court of Appeals Fifth District of Texas at Dallas JUDGMENT ELIZABETH NICOLE HENDERSON, Appeal from the 204th Judicial District Appellant Court of Dallas County, Texas (Tr.Ct.No. F10-63121-Q). No. 05-13-01356-CR V. Opinion delivered by Justice Brown, Justices O’Neill and Lang-Miers THE STATE OF TEXAS, Appellee participating. Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED. Judgment entered September 11, 2014. -3-