AFFIRM; and Opinion Filed March 10, 2014.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-01051-CR
GABRIEL DIAZ DUARTE, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 2
Dallas County, Texas
Trial Court Cause No. F09-72606-I
MEMORANDUM OPINION
Before Justices Lang-Miers, Myers, and Lewis
Opinion by Justice Lewis
Gabriel Diaz Duarte appeals following the adjudication of his guilt for aggravated assault
with a deadly weapon. See TEX. PENAL CODE ANN. § 22.02(a) (West 2011). The trial court
assessed punishment at two 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 (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.
/David Lewis/
DAVID LEWIS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
131051F.U05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
GABRIEL DIAZ DUARTE, Appellant Appeal from the Criminal District Court
No. 2 of Dallas County, Texas (Tr.Ct.No.
No. 05-13-01051-CR V. F09-72606-I).
Opinion delivered by Justice Lewis,
THE STATE OF TEXAS, Appellee Justices Lang-Miers and Myers
participating.
Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED.
Judgment entered March 10, 2014.
/David Lewis/
DAVID LEWIS
JUSTICE
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