Jason Ray Smith v. State

Opinion

AFFIRM; and Opinion filed October 30, 2013.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00649-CR

JASON RAY SMITH, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 204th Judicial District Court Dallas County, Texas Trial Court Cause No. F08-14302-Q

MEMORANDUM OPINION Before Justices Moseley, Lang, and Brown Opinion by Justice Brown

Jason Ray Smith appeals from the adjudication of his guilt for burglary of a habitation.

See TEX. PENAL CODE ANN. § 30.02(a) (West 2011). The trial court 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 (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.

/Ada Brown/ ADA BROWN JUSTICE

Do Not Publish TEX. R. APP. P. 47

130649F.U05

-2- Court of Appeals Fifth District of Texas at Dallas

JUDGMENT

JASON RAY SMITH, Appellant Appeal from the 204th Judicial District Court of Dallas County, Texas (Tr.Ct.No. No. 05-13-00649-CR V. F08-14302-Q). Opinion delivered by Justice Brown, THE STATE OF TEXAS, Appellee Justices Moseley and Lang participating.

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

Judgment entered October 30, 2013.

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