Cara Dawn York v. State

Court of Appeals of Texas·Decided November 1, 2018·No. 05-18-00276-CR·Published

Opinion

AFFIRM; and Opinion Filed November 1, 2018.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00275-CR No. 05-18-00276-CR CARA DAWN YORK, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 380th Judicial District Court Collin County, Texas Trial Court Cause Nos. 380-81346-2014, 380-80223-2011

MEMORANDUM OPINION Before Justices Lang, Fillmore, and Schenck Opinion by Justice Schenck Appellant Cara Dawn York appeals two convictions, following the adjudication of her

guilt, for possession of methamphetamine in an amount of less than one gram. The trial court

assessed punishment at confinement in the state jail for 180 days in each case. On appeal,

appellant’s attorney filed a brief in which she concludes the appeals are 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 her right to file a pro se response, but she did not file any 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

appeals are frivolous and without merit. We find nothing in the record that might arguably support

the appeals.

We affirm the trial court’s judgment adjudicating guilt in each case.

/David J. Schenck/ DAVID J. SCHENCK JUSTICE

Do Not Publish TEX. R. APP. P. 47

180275F.U05

–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

CARA DAWN YORK, Appellant On Appeal from the 380th Judicial District Court, Collin County, Texas No. 05-18-00275-CR V. Trial Court Cause No. 380-81346-2014. Opinion delivered by Justice Schenck. THE STATE OF TEXAS, Appellee Justices Lang and Fillmore participating.

Based on the Court’s opinion of this date, the judgment adjudicating guilt of the trial court is AFFIRMED.

Judgment entered this 1st day of November, 2018.

–3– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

CARA DAWN YORK, Appellant On Appeal from the 380th Judicial District Court, Collin County, Texas No. 05-18-00276-CR V. Trial Court Cause No. 380-80223-2011. Opinion delivered by Justice Schenck. THE STATE OF TEXAS, Appellee Justices Lang and Fillmore participating.

Based on the Court’s opinion of this date, the judgment adjudicating guilt of the trial court is AFFIRMED.

–4–

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Related

Anders v. California
386 U.S. 738 (Supreme Court, 1967)
Bledsoe v. State
178 S.W.3d 824 (Court of Criminal Appeals of Texas, 2005)
High v. State
573 S.W.2d 807 (Court of Criminal Appeals of Texas, 1978)
Kelly, Sylvester
436 S.W.3d 313 (Court of Criminal Appeals of Texas, 2014)