Daris Jermaine Mitchell v. State

Opinion

Affirm and Opinion Filed August 5, 2013

In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00329-CR

DARIS JERMAINE MITCHELL, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 204th Judicial District Court Dallas County, Texas Trial Court Cause No. F12-39676-Q

MEMORANDUM OPINION Before Justices O’Neill, Francis, and Fillmore Opinion by Justice Francis

Daris Jermaine Mitchell waived a jury and pleaded guilty to aggravated robbery with a

deadly weapon, a firearm. The trial court assessed punishment at five years in prison. 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. We advised appellant of

his right to file a pro se response, but he did not file a pro se response. We have reviewed the record and counsel’s brief. See Bledsoe v. State, 178 S.W.3d 824,

827 (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.

Do Not Publish TEX. R. APP. P. 47 130329F.U05

/Molly Francis/ MOLLY FRANCIS JUSTICE

‐2‐

Court of Appeals Fifth District of Texas at Dallas

JUDGMENT

DARIS JERMAINE MITCHELL, Appeal from the 204th Judicial District Appellant Court of Dallas County, Texas (Tr.Ct.No. F12-39676-Q). No. 05-13-00329-CR V. Opinion delivered by Justice Francis, Justices O’Neill and Fillmore participating. THE STATE OF TEXAS, Appellee

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

Judgment August 5, 2013

‐3‐