Joseph Todd Smith v. State

• Court: Court of Appeals of Texas
• Decided: June 29, 2018
• Docket: 05-17-00034-CR
• Status: Published

Opinion

Affirmed and Opinion Filed June 29, 2018

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00034-CR

JOSEPH TODD SMITH, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 366th Judicial District Court Collin County, Texas Trial Court Cause No. 366-80590-2016

MEMORANDUM OPINION Before Justices Francis, Fillmore, and Whitehill Opinion by Justice Francis Joseph Todd Smith was charged in a twelve-count indictment with aggravated sexual

assault of a child (count I & II), indecency with a child by sexual contact (counts III, IV, VII, VIII

& XI), sexual assault of a child (counts V, VI, IX & X), and sexual performance of a child (count

XII). Appellant waived a jury trial and pleaded not guilty to each allegation. After hearing

evidence, the trial court found appellant guilty and sentenced him to thirty-five years in prison on

counts I and II, and twenty years on counts III through XII). 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 judgments.

/Molly Francis/ MOLLY FRANCIS JUSTICE

Do Not Publish TEX. R. APP. P. 47 170034F.U05

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

JOSEPH TODD SMITH, Appellant On Appeal from the 366th Judicial District Court, Collin County, Texas No. 05-17-00034-CR V. Trial Court Cause No. 366-80590-2016. Opinion delivered by Justice Francis. THE STATE OF TEXAS, Appellee Justices Fillmore and Whitehill participating.

Based on the Court’s opinion of this date, the judgments of the trial court are AFFIRMED.

Judgment entered June 29, 2018.

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