Tony J. Steed v. State

AFFIRMED; Opinion Filed April 21, 2015. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-01072-CR TONY J. STEED, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 283rd Judicial District Court Dallas County, Texas Trial Court Cause No. F-1451467-T MEMORANDUM OPINION Before Justices Francis, Brown, and Stoddart Opinion by Justice Stoddart Tony J. Steed waived his right to a jury trial and entered an open plea of guilty to aggravated assault of a public servant with a deadly weapon. The trial court admonished appellant of his rights, received evidence, including appellant’s signed judicial confession and stipulation of evidence, found him guilty, and sentenced him to ten years in prison. The trial court certified appellant’s right to appeal. 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. See Kelly v. State, 436 S.W.3d 313, 319–21 (Tex. Crim. App. 2014) (identifying duties of appellate court and counsel in Anders cases). Appellant filed a pro se response raising several issues. After reviewing counsel’s brief, appellant’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. / Craig Stoddart/ CRAIG STODDART JUSTICE Do Not Publish TEX. R. APP. P. 47.2(b) 141072F.U05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT TONY J. STEED, Appellant On Appeal from the 283rd Judicial District Court, Dallas County, Texas No. 05-14-01072-CR V. Trial Court Cause No. F-1451467-T. Opinion delivered by Justice Stoddart. THE STATE OF TEXAS, Appellee Justices Francis and Brown participating. Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED. Judgment entered this 21st day of April, 2015. –3–