John Abra v. State

Opinion

Affirmed; Opinion Filed September 21, 2018.

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-18-00060-CR

JOHN ABRA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 5 Dallas County, Texas

Trial Court Cause No. F16-76089-L

MEMORANDUM OPINION

Before Justices Myers, Evans, and Brown Opinion by Justice Myers

Appellant John Abra was indicted for continuous sexual abuse of a child younger than

fourteen years. A jury found appellant guilty of the lesser-included offense of indecency with a child by contact. The trial court assessed punishment at fourteen 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. 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).

Appellant filed a pro se response raising several issues. After reviewing counsel’s brief, appellant’s pro se response, and the record, we agree the appeal is frivolous and without merit. See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005) (explaining appellate court’s duty in Anders cases). We find nothing in the record that might arguably support the appeal.

We affirm the trial court’s judgment.

/Lana Myers/

LANA MYERS

JUSTICE

Do Not Publish TEX. R. APP. P. 47 180060F.U05

3

Court of Appeals

Fifth District of Texas at Dallas JUDGMENT

JOHN ABRA, Appellant On Appeal from the Criminal District Court No. 5, Dallas County, Texas No. 05-18-00060-CR V. Trial Court Cause No. F16-76089-L.

Opinion delivered by Justice Myers.

THE STATE OF TEXAS, Appellee Justices Evans and Brown participating.

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

Judgment entered this 21st day of September, 2018.