Jennie Gitau v. State

AFFIRMED; Opinion Filed October 29, 2015. In The Qeourt of ~peals .1'iftb IUstrtrt of t!texas at llallas No. 05-15-00235-CR JENNIE REBECCA GITAU, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 282nd Judicial District Court Dallas County, Texas Trial Court Cause No. F13-30933-S MEMORANDUM OPINION Before Justices Bridges, Francis, and Myers Opinion by Justice Myers A jury convicted Jennie Rebecca Gitau of aggravated assault with a deadly weapon. The jury assessed punishment at three years' imprisonment and a $1000 fine, and recommended that the sentence and fine be probated. The trial court placed appellant on eight years' community supervision and probated the fine. See TEX. PENAL CODE ANN. § 22.02(a) (West 2011). 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. RECEIVED IN r_:OURT CH. ·~PP~ALS, 5th DIST. !dl ''·' (·.Jv 1. 1 'i Ol 1!; L l'l.j LISA MATZ CLERK. 5th DISTRICT 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. 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. Is/ Lana Myers LANA MYERS JUSTICE Do Not Publish TEX. R. APP. P. 47 150235F.U05 -2- ~ourt of ~peals .:ttftb )Btsttttt of tEtxas at )Ballas JUDGMENT JENNIE REBECCA GITAU, Appellant Appeal from the 282nd Judicial District Court of Dallas County, Texas (Tr.Ct.No. No. 05-15-00235-CR V. F13-30933-S). Opinion delivered by Justice Myers, THE STATE OF TEXAS, Appellee Justices Bridges and Francis participating. Based on the Court's opinion of this date, the trial court's judgment is AFFIRMED. Judgment entered this October 29th, 2015. -3- Order issued October 29, 2015 In The Gtnurt nf J\ppad.e Ktftlp Bi.etritt nf OJW~.G at Ballas No. 05-15-00235-CR JENNIE REBECCA GITAU, Appellant v. THE STATE OF TEXAS, Appellee ORDER Before Justices Bridges, Francis, and Myers Based on the Court's opinion of this date, we GRANT the June 1, 2015 motion of Valencia Bush for leave to withdraw as appointed counsel on appeal. We DIRECT the Clerk of the Court to remove Valencia Bush as counsel of record for appellant. We DIRECT the Clerk of the Court to send a copy of this order and all future correspondence to Jennie Rebecca Gitau, 3084 N. Jim Miller Road, No. 104, Dallas, Texas, 75201. Is/ Lana Myers LANA MYERS JUSTICE Q1nurt of .i\ppraln ~E.SPOs~ 3Fiftq IDintrid nf IDrxa.s at IDulla.s 4' 0~ Sf .~:"""l~L .::::"'J~ George L. Allen Sr. Courts Building !::' ;;~---· 600 Commerce Street, Suite 200 Z --..""!£~~"!!"PITNEY BOWES Dallas, Texas 75202 ":;) $ 000.48 5 CASE: 05-15-00235-CR JENNIE GITAU N5-N 3084 N. JIM MILLER RD. NO. 104 DALLAS, TX 75201 ~ - -.no.;~~·~ -:•;::::•-:;:•-;::•-~F,I:~'yoo..(o :-·.:;.....:... :-..·"!;:fT-.:;..Y.•' " C..,3••"? ·-~.:;.;.. JHJI,t "''11'1111' "'l'llllllll''ll'l'l•l•'•l'''lll'II''''''IIJI