Jerry Don Peoples v. State

Opinion

AFFIRM; and Opinion Filed October 26, 2018.

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-18-00322-CR

JERRY DON PEOPLES, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the 382nd Judicial District Court Rockwall County, Texas

Trial Court Cause No. 2-17-0767

MEMORANDUM OPINION

Before Justices Bridges, Francis, and Lang-Miers Opinion by Justice Lang-Miers Appellant Jerry Don Peoples waived a jury trial and pleaded guilty to evading arrest or

detention with a prior evading arrest conviction. After finding appellant guilty, the trial court assessed punishment at confinement in the state jail for twenty-four months. 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, 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

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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.

/Elizabeth Lang-Miers/

ELIZABETH LANG-MIERS

JUSTICE

Do Not Publish TEX.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

180322F.U05

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Court of Appeals

Fifth District of Texas at Dallas JUDGMENT

JERRY DON PEOPLES, Appellant On Appeal from the 382nd Judicial District Court, Rockwall County, Texas No. 05-18-00322-CR V. Trial Court Cause No. 2-17-0767.

Opinion delivered by Justice Lang-Miers.

THE STATE OF TEXAS, Appellee Justices Bridges and Francis participating.

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

Judgment entered this 26th day of October, 2018.