Charles Richard Vandiver v. State
Opinion
AFFIRM; and Opinion Filed March 27, 2014.
In The
Court of Appeals
Fifth District of Texas at Dallas No. 05-12-01678-CR
CHARLES RICHARD VANDIVER, Appellant V.
THE STATE OF TEXAS, Appellee
On Appeal from the 194th Judicial District Court Dallas County, Texas
Trial Court Cause No. F12-56764-M
MEMORANDUM OPINION
Before Justices Bridges, O’Neill, and Brown Opinion by Justice O’Neill
A jury convicted Charles Richard Vandiver of assault involving family violence, found one enhancement paragraph true, and assessed punishment at twenty years’ imprisonment and a $2,500 fine. See TEX. PENAL CODE ANN. § 22.01(a)(1), (b)(2)(A) (West 2011); TEX. FAM. CODE ANN. §§ 71.0021, 71.005 (West 2008 & Supp. 2013). 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 (Tex. Crim. App. [Panel Op.] 1978). Counsel delivered a copy of the brief to appellant.
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, 827 (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.
/Michael J. O'Neill/
MICHAEL J. O’NEILL
JUSTICE
Do Not Publish TEX. R. APP. P. 47
121678F.U05
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
CHARLES RICHARD VANDIVER, Appeal from the 194th Judicial District Appellant Court of Dallas County, Texas (Tr.Ct.No.
F12-56764-M).
No. 05-12-01678-CR V. Opinion delivered by Justice O’Neill, Justices Bridges and Brown participating.
THE STATE OF TEXAS, Appellee
Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED.
Judgment entered March 27, 2014.
/Michael J. O'Neill/
MICHAEL J. O’NEILL
JUSTICE
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