Efren Adame Torres v. State

AFFIRM; and Opinion Filed October 20, 2016. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-00352-CR EFREN ADAME TORRES, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the County Court at Law No. 6 Collin County, Texas Trial Court Cause No. 006-85957-2014 MEMORANDUM OPINION Before Justices Francis, Stoddart, and Schenck Opinion by Justice Schenck A jury convicted Efren Adame Torres of theft of property valued at $50 or more but less than $500 dollars. See TEX. PENAL CODE ANN. § 31.03(a), (e)(2)(A) (West Supp. 2015). The trial court assessed punishment at confinement in the county jail for 120 days, probated for fifteen months, and a $500 fine. 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. /David J. Schenck/ DAVID J. SCHENCK JUSTICE Do Not Publish TEX. R. APP. P. 47 160352F.U05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT EFREN ADAME TORRES, Appellant On Appeal from the County Court at Law No. 6, Collin County, Texas No. 05-16-00352-CR V. Trial Court Cause No. 006-85957-2014. Opinion delivered by Justice Schenck. THE STATE OF TEXAS, Appellee Justices Francis and Stoddart participating. Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED. Judgment entered this 20th day of October, 2016. –3–