Jessica Byas-Lurgio v. State

• Court: Court of Appeals of Texas
• Decided: August 6, 2018
• Docket: 05-17-01155-CR
• Status: Published

Opinion

AFFIRM; and Opinion Filed August 6, 2018.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-01155-CR

JESSICA BYAS-LURGIO, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 1 Dallas County, Texas Trial Court Cause No. F15-76316-H

MEMORANDUM OPINION Before Justices Bridges, Brown, and Boatright Opinion by Justice Brown Appellant Jessica Byas-Lurgio waived a jury trial and pleaded guilty to reckless injury to

a child causing serious bodily harm. After finding appellant guilty, the trial court assessed

punishment at ten 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, 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 her right to file a pro se response, but she 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.

/Ada Brown/ ADA BROWN JUSTICE

Do Not Publish TEX.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

171155F.U05

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

JESSICA BYAS-LURGIO, Appellant On Appeal from the Criminal District Court No. 1, Dallas County, Texas No. 05-17-01155-CR V. Trial Court Cause No. F15-76316-H. Opinion delivered by Justice Brown. THE STATE OF TEXAS, Appellee Justices Bridges and Boatright participating.

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

Judgment entered this 6th day of August, 2018.

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