Jessica Nicole Sheren v. the State of Texas

Opinion

AFFIRMED and Opinion Filed December 28, 2022

In the Court of Appeals Fifth District of Texas at Dallas No. 05-22-00094-CR No. 05-22-00095-CR

JESSICA NICOLE SHEREN, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the County Court at Law No. 1 Grayson County, Texas Trial Court Cause Nos. 2020-1-0623, 2021-1-0630

MEMORANDUM OPINION Before Justices Molberg, Partida-Kipness, and Carlyle Opinion by Justice Carlyle Jessica Nicole Sheren appeals her convictions of two counts of misdemeanor

family violence assault.1 After a bench trial, the trial court sentenced her to two

hundred days’ confinement on each count, to run concurrently.

Ms. Sheren’s attorney has filed a brief in which he concludes Ms. Sheren’s

appeal is wholly frivolous and without merit.2 See Anders v. California, 386 U.S.

1 See TEX. PENAL CODE § 22.01(a). 2 Although counsel’s brief complied with Anders, it is unclear whether counsel complied with the requirements imposed by Kelly v. State, 436 S.W.3d 313, 319 (Tex. Crim. App. 2014). Regardless, the 738 (1967). The brief presents a professional evaluation of the record and shows

why there are no arguable grounds for an appeal. See High v. State, 573 S.W.2d 807,

812 (Tex. Crim. App. [Panel Op.] 1978) (determining whether brief meets

requirements of Anders). We advised Ms. Sheren of her right to file a pro se

response, and she has not filed a 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, finding nothing

in the record that might arguably support the appeal. We therefore affirm the trial

court’s judgment.

/Cory L. Carlyle/ 220094f.u05 CORY L. CARLYLE 220095f.u05 JUSTICE Do Not Publish TEX. R. APP. P. 47.2(b)

Clerk of Court sent Ms. Sheren a letter, attaching copies of counsel’s brief and motion to withdraw, informing Ms. Sheren of her rights and addressing any deficiencies in counsel’s correspondence. Under these circumstances, any failure by counsel to comply with Kelly’s requirements is harmless. –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

JESSICA NICOLE SHEREN, On Appeal from the County Court at Appellant Law No. 1, Grayson County, Texas Trial Court Cause No. 2020-1-0623. No. 05-22-00094-CR V. Opinion delivered by Justice Carlyle. Justices Molberg and Partida-Kipness THE STATE OF TEXAS, Appellee participating.

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

Judgment entered this 28th day of December, 2022.

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

JESSICA NICOLE SHEREN, On Appeal from the County Court at Appellant Law No. 1, Grayson County, Texas Trial Court Cause No. 2021-1-0630. No. 05-22-00095-CR V. Opinion delivered by Justice Carlyle. Justices Molberg and Partida-Kipness THE STATE OF TEXAS, Appellee participating.

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

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