Donte Katrall Nelson v. State

• Court: Court of Appeals of Texas
• Decided: July 31, 2017
• Docket: 05-16-00874-CR
• Status: Published

Opinion

AFFIRM; and Opinion Filed July 31, 2017.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-00874-CR

DONTE KATRALL NELSON, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 265th Judicial District Court Dallas County, Texas Trial Court Cause No. F15-18108-R

MEMORANDUM OPINION Before Justices Francis, Brown, and Schenck Opinion by Justice Schenck A jury convicted Donte Katrall Nelson of aggravated assault with a deadly weapon and

assessed punishment at eight years’ imprisonment. 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) (noting an appellant has right to file pro se response to an Anders brief filed by his

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 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/David J. Schenck/ DAVID J. SCHENCK JUSTICE Do Not Publish TEX.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

160874F.U05

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

DONTE KATRALL NELSON, Appellant On Appeal from the 265th Judicial District Court, Dallas County, Texas No. 05-16-00874-CR V. Trial Court Cause No. F15-18108-R. Opinion delivered by Justice Schenck. THE STATE OF TEXAS, Appellee Justices Francis and Brown participating.

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

Judgment entered this 31st day of July, 2017.

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