James Lawrence McCarty v. State

Affirmed and Memorandum Opinion filed October 25, 2016. In The Fourteenth Court of Appeals NO. 14-16-00085-CR JAMES LAWRENCE MCCARTY, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 230th District Court Harris County, Texas Trial Court Cause No. 1431305 MEMORANDUM OPINION Appellant entered a plea of no contest to murder. The trial court sentenced appellant to confinement for 55 years in the Institutional Division of the Texas Department of Criminal Justice. Appellant filed a timely notice of appeal. Appellant’s appointed counsel filed a brief in which he concludes the appeal is wholly frivolous and without merit. The brief meets the requirement of Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967), presenting a professional evaluation of the record and demonstrating why there are no arguable grounds to be advanced. See High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978 A copy of counsel’s brief was delivered to appellant. Appellant was advised of the right to examine the appellate record and file a pro se response. See Stafford v. State, 813 S.W.2d 503, 512 (Tex. Crim. App. 1991). At appellant’s request, the record was provided to him. Appellant filed a pro se response to counsel’s brief. We have carefully reviewed the record, counsel’s brief, and appellant’s response, and agree the appeal is wholly frivolous and without merit. Further, we find no reversible error in the record. A discussion of the brief would add nothing to the jurisprudence of the state. We are not to address the merits of each claim raised in an Anders brief or a pro se response when we have determined there are no arguable grounds for review. See Bledsoe v. State, 178 S.W.3d 824, 827–28 (Tex. Crim. App. 2005). Accordingly, the judgment of the trial court is affirmed. PER CURIAM Panel consists of Justices Jamison, McCally and Wise. Do Not Publish — Tex. R. App. P. 47.2(b). 2