Joseph Rios v. State

Opinion

AFFIRM; and Opinion filed October 29, 2015.

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-15-00111-CR

JOSEPH RIOS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 363rd Judicial District Court Dallas County, Texas

Trial Court Cause No. F14-52354-W

MEMORANDUM OPINION

Before Chief Justice Wright and Justices Fillmore and Stoddart Opinion by Justice Fillmore

Joseph Rios waived a jury and pleaded guilty to aggravated robbery with a deadly weapon, a firearm. See TEX. PENAL CODE ANN. § 29.03(a) (West 2011). The trial court assessed punishment at twenty years’ imprisonment. On appeal, Rios’s attorney filed a brief in which he 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, 811–12 (Tex. Crim. App. [Panel Op.] 1978). Counsel delivered a copy of the brief to Rios. We advised Rios of his right to file a pro se response, but he did not file a pro se

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response. See Kelly v. State, 436 S.W.3d 313, 319–21 (Tex. Crim. App. 2014) (identifying duties of appellate courts and counsel in Anders cases).

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.

/Robert M. Fillmore/

ROBERT M. FILLMORE

JUSTICE

Do Not Publish TEX.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

150111F.U05

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Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

JOSEPH RIOS, Appellant Appeal from the 363rd Judicial District Court of Dallas County, Texas (Tr.Ct.No.

No. 05-15-00111-CR V. F14-52354-W).

Opinion delivered by Justice Fillmore, THE STATE OF TEXAS, Appellee Chief Justice Wright and Justice Stoddart participating.

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

Judgment entered October 29, 2015.