David Duane Swanson v. State

• Court: Court of Appeals of Texas
• Decided: April 28, 2011
• Docket: 14-10-00911-CR
• Status: Published

Opinion

Affirmed and Memorandum Opinion filed April 28, 2011.

In The

Fourteenth Court of Appeals

____________

NO. 14-10-00911-CR

DAVID DUANE SWANSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 10th District Court

Galveston County, Texas

Trial Court Cause No. 10CR0464

MEMORANDUM OPINION

            Appellant entered a plea of guilty to the offense of theft.  On August 20, 2010, the trial court sentenced appellant to confinement for twenty months years in the State Jail Division of the Texas Department of Criminal Justice.  Appellant filed a notice of appeal.

            Appellant’s appointed counsel filed a brief in which he concludes the appeal is wholly frivolous and without merit. The brief meets the requirement of Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967), presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced.  See High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978).

            A copy of counsel’s brief was delivered to appellant.  Appellant was advised of the right to examine the appellate record and file a pro se response.  See Stafford v. State, 813 S.W.2d 503, 510 (Tex. Crim. App. 1991).  At appellant’s request, the record was provided to him.  On March 21, 2011, appellant filed a pro se response to counsel’s brief.

            We have carefully reviewed the record, counsel’s brief, and appellant’s response, and agree the appeal is wholly frivolous and without merit.  Further, we find no reversible error in the record.  A discussion of the brief would add nothing to the jurisprudence of the state.  We are not to address the merits of each claim raised in an Anders brief or a pro se response when we have determined there are no arguable grounds for review.  See Bledsoe v. State, 178 S.W.3d 824, 827–28 (Tex. Crim. App. 2005). 

            Accordingly, the judgment of the trial court is affirmed.

                                                                        PER CURIAM

Panel consists of Justices Anderson, Brown, and Christopher.

Do Not Publish — Tex. R. App. P. 47.2(b).