Ambrocio Cano Reyes v. State

Affirmed and Opinion Filed May 26, 2015 In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00728-CR AMBROCIO CANO REYES, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 3 Dallas County, Texas Trial Court Cause No. F06-62132-J MEMORANDUM OPINION Before Chief Justice Wright and Justices Myers and Brown Opinion by Chief Justice Wright Ambrocio Cano Reyes appeals his conviction, following the adjudication of his guilt, for possession with intent to deliver cocaine in an amount of four grams or more but less than 200 grams. See TEX. HEALTH & SAFETY CODE ANN. § 481.112(a), (d) (West 2010). The trial court assessed punishment at fifteen 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, 811–12 (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, 436 S.W.3d 313, 319–21 (Tex. Crim. App. 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 Do Not Publish TEX.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 130728F.U05     /Carolyn Wright/   CAROLYN WRIGHT   CHIEF JUSTICE   ‐2‐    Court of Appeals Fifth District of Texas at Dallas JUDGMENT AMBROCIO CANO REYES, Appellant Appeal from the Criminal District Court No. 3 of Dallas County, Texas (Tr.Ct.No. No. 05-13-00728-CR V. F06-62132-J). Opinion delivered by Chief Justice Wright, THE STATE OF TEXAS, Appellee Justices Myers and Brown participating. Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED. Judgment entered May 26, 2015.       ‐3‐