Gregory Reed v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: March 27, 2024
• Docket: 05-23-00115-CR
• Status: Published

Opinion

AFFIRMED and Opinion Filed March 27, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00115-CR

GREGORY REED, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 380th Judicial District Court Collin County, Texas Trial Court Cause No. 380-81787-2022

MEMORANDUM OPINION Before Justices Garcia, Breedlove, and Kennedy Opinion by Justice Garcia Appellant was convicted of aggravated assault with affirmative deadly

weapon and family violence findings. The trial court assessed punishment,

enhanced, at life in prison.

On appeal, appellant’s counsel has filed a brief in which she concludes the

appeal is 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 his right to file a pro se 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). Appellant responded but

presents no arguable grounds to advance.

As required, appellant’s counsel has moved for leave to withdraw and has

provided appellant with a copy of the motion. See In re Schulman, 252 S.W.3d 403,

407 (Tex. Crim. App. 2008) (orig. proceeding). We carried the motion for

consideration with the merits.

Having reviewed the record, we agree with counsel that this appeal is wholly

frivolous and without merit; we find nothing in the record before us that arguably

might support the appeal. See Bledsoe v. State, 178 S.W.3d 824, 827–28 (Tex. Crim.

App. 2005); see also Meza v. State, 206 S.W.3d 684, 685 n.6 (Tex. Crim. App.

2006). Accordingly, we grant counsel’s motion to withdraw, and affirm the trial

court’s judgment.

/Dennise Garcia/ DENNISE GARCIA JUSTICE Do Not Publish TEX. R. APP. P. 47.2(b) 230115F.U05

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

GREGORY REED, Appellant On Appeal from the 380th Judicial District Court, Collin County, Texas No. 05-23-00115-CR V. Trial Court Cause No. 380-81787- 2022. THE STATE OF TEXAS, Appellee Opinion delivered by Justice Garcia. Justices Breedlove and Kennedy participating.

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

Judgment entered March 27, 2024

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