Brandon Scott Burke v. State

AFFIRMED; Opinion Filed January 16, 2014. In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00327-CR BRANDON SCOTT BURKE, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 1 Dallas County, Texas Trial Court Cause No. F12-62602-H MEMORANDUM OPINION Before Justices FitzGerald, Lang, and Fillmore Opinion by Justice Lang Brandon Scott Burke waived a jury, pleaded guilty to burglary of a vehicle with two prior burglary/vehicle convictions, and pleaded true to one enhancement paragraph. See TEX. PENAL CODE ANN. § 30.04(a) (West 2011). The trial court assessed punishment at eight years’ imprisonment. 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 (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. /Douglas S. Lang/ DOUGLAS S. LANG JUSTICE Do Not Publish TEX. R. APP. P. 47 130327F.U05 -2- Court of Appeals Fifth District of Texas at Dallas JUDGMENT BRANDON SCOTT BURKE, Appellant Appeal from the Criminal District Court No. 1 of Dallas County, Texas (Tr.Ct.No. No. 05-13-00327-CR V. F12-62602-H). Opinion delivered by Justice Lang, Justices THE STATE OF TEXAS, Appellee FitzGerald and Fillmore participating. Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED. Judgment entered January 16, 2014. /Douglas Lang/ DOUGLAS S. LANG JUSTICE -3-