Gabriel, Alexander James v. State

Affirmed and Opinion Filed July 25, 2014 In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01246-CR ALEXANDER JAMES GABRIEL, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 401st Judicial District Court Collin County, Texas Trial Court Cause No. 401-81517-10 MEMORANDUM OPINION Before Chief Justice Wright and Justices Myers and Evans Opinion by Chief Justice Wright Alexander James Gabriel appeals from the adjudication of his guilt for robbery. See TEX. PENAL CODE ANN. § 29.02 (West 2011). The trial court assessed punishment at fourteen 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 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 Do Not Publish TEX.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 121246F.U05 /Carolyn Wright/   CAROLYN WRIGHT   CHIEF JUSTICE         ‐2‐    Court of Appeals Fifth District of Texas at Dallas JUDGMENT ALEXANDER JAMES GABRIEL, Appeal from the 401st Judicial District Appellant Court of Collin County, Texas (Tr.Ct.No. 401-81517-10). No. 05-12-01246-CR V. Opinion delivered by Chief Justice Wright, Justices Myers 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 July 25, 2014     ‐3‐