Nakia Lashuan Franklin v. State

AFFIRM; and Opinion Filed January 6, 2014. In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01603-CR NAKIA LASHUAN FRANKLIN, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 416th Judicial District Court Collin County, Texas Trial Court Cause No. 416-81072-2012 MEMORANDUM OPINION Before Justices O’Neill, Myers, and Brown Opinion by Justice O’Neill Nakia Lashuan Franklin waived a jury and pleaded guilty to credit card abuse. See TEX. PENAL CODE ANN. § 32.31(b) (West 2011). The trial court assessed punishment at one year’s confinement in a state jail. 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 her right to file a pro se response, but she 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. /Michael J. O'Neill/ MICHAEL J. O’NEILL JUSTICE Do Not Publish TEX. R. APP. P. 47 121603F.U05 -2- Court of Appeals Fifth District of Texas at Dallas JUDGMENT NAKIA LASHUAN FRANKLIN, Appeal from the 416th Judicial District Appellant Court of Collin County, Texas (Tr.Ct.No. 416-81072-2012). No. 05-12-01603-CR V. Opinion delivered by Justice O’Neill, Justices Myers and Brown participating. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED. Judgment entered January 6, 2014. /Michael J. O'Neill/ MICHAEL J. O’NEILL JUSTICE -3-