Randall Charles Plowman v. State

Affirmed and Opinion Filed October 20, 2016 In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-01274-CR RANDALL CHARLES PLOWMAN, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 219th Judicial District Court Collin County, Texas Trial Court Cause No. 219-81701-2014 MEMORANDUM OPINION Before Justices Bridges, Lang-Miers, and Whitehill Opinion by Justice Bridges A jury convicted Randall Charles Plowman of five counts of possession of child pornography. See TEX. PENAL CODE ANN. § 43.26(a)(1), (d) (West Supp. 2015). The trial court assessed punishment, enhanced by a prior felony conviction, at five years’ imprisonment on each count and ordered the sentences to run consecutively. 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 on each count. /David L. Bridges/ DAVID L. BRIDGES JUSTICE Do Not Publish TEX. R. APP. P. 47 151274F.U05 ‐2‐    S Court of Appeals Fifth District of Texas at Dallas JUDGMENT RANDALL CHARLES PLOWMAN, On Appeal from the 219th Judicial District Appellant Court, Collin County, Texas Trial Court Cause No. 219-81701-2014. No. 05-15-01274-CR V. Opinion delivered by Justice Brides. Justices Lang-Miers and Whitehill participating. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED. Judgment entered October 20, 2016.               ‐3‐