Henry Ford McGill v. State

Opinion

Affirmed; Opinion Filed September 26, 2018.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-01181-CR

HENRY FORD MCGILL, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 291st Judicial District Court Dallas County, Texas Trial Court Cause No. F16-76703-U

MEMORANDUM OPINION Before Justices Lang, Fillmore, and Schenck Opinion by Justice Lang A jury convicted Henry Ford McGill for assault involving family violence by impeding the

complainant’s breathing. During the punishment phase, appellant pleaded true to two

enhancement paragraphs contained in the indictment. The trial court found the enhancement

paragraphs true and sentenced appellant to twenty-eight years’ imprisonment. On appeal,

appellant’s attorney filed a brief in which he 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, 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, 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 appellant

has right to file pro se response to Anders brief filed by 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.

/Douglas S. Lang/ DOUGLAS S. LANG JUSTICE

Do Not Publish TEX. R. APP. P. 47 171181F.U05

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

HENRY FORD MCGILL, Appellant On Appeal from the 291st Judicial District Court, Dallas County, Texas No. 05-17-01181-CR V. Trial Court Cause No. F16-76703-U. Opinion delivered by Justice Lang. Justices THE STATE OF TEXAS, Appellee Fillmore and Schenck participating.

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

Judgment entered this 26th day of September, 2018.

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