Robert Franklin Thomas v. State

AFFIRM; and Opinion Filed March 27, 2015. In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00600-CR ROBERT FRANKLIN THOMAS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 363rd Judicial District Court Dallas County, Texas Trial Court Cause No. F13-61531-W MEMORANDUM OPINION Before Justices Bridges, Fillmore, and Brown Opinion by Justice Fillmore Robert Franklin Thomas waived a jury and pleaded guilty to robbery. See TEX. PENAL CODE ANN. § 29.02(a) (West 2011). The trial court assessed punishment at eighteen years’ imprisonment. On appeal, Thomas’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 Thomas. See Kelly v. State, 436 S.W.3d 313, 319–21 (Tex. Crim. App. 2014) (identifying duties of appellate courts and counsel in Anders cases). Thomas filed a pro se response raising several issues After reviewing counsel’s brief, Thomas’s pro se response, and the record, we agree the appeal is frivolous and without merit. See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005) (explaining appellate court’s duty in Anders cases). We find nothing in the record that might arguably support the appeal. We affirm the trial court’s judgment. /Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE Do Not Publish TEX. R. APP. P. 47 140600F.U05 -2- Court of Appeals Fifth District of Texas at Dallas JUDGMENT ROBERT FRANKLIN THOMAS, Appeal from the 363rd Judicial District Appellant Court of Dallas County, Texas (Tr.Ct.No. F13-61531-W). No. 05-14-00600-CR V. Opinion delivered by Justice Fillmore, Justices Bridges 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 March 27, 2015. -3-