AFFIRMED; Opinion Filed October 26, 2018.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-17-00923-CR
DEVON D. ALLEN, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 291st Judicial District Court
Dallas County, Texas
Trial Court Cause No. F16-00628-U
MEMORANDUM OPINION
Before Justices Myers, Evans, and Brown
Opinion by Justice Evans
A jury convicted Devon D. Allen for aggravated assault with a deadly weapon, a firearm,
and assessed punishment at eighteen 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, 812 (Tex. Crim. App. [Panel Op.] 1978) (determining whether
brief meets requirements of Anders). 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) (noting appellant has right to file
pro se response to Anders brief filed by counsel).
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.
/David Evans/
DAVID EVANS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
170923F.U05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
DEVON D. ALLEN, Appellant On Appeal from the 291st Judicial District
Court, Dallas County, Texas
No. 05-17-00923-CR V. Trial Court Cause No. F16-00628-U.
Opinion delivered by Justice Evans.
THE STATE OF TEXAS, Appellee Justices Myers and Brown participating.
Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED.
Judgment entered this 26th day of October, 2018.
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