Joshua William Sutherby v. State

Opinion

Affirmed and Opinion Filed October 14, 2019.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00268-CR

JOSHUA WILLIAM SUTHERBY, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 401st Judicial District Court Collin County, Texas Trial Court Cause No. 401-83201-2016

MEMORANDUM OPINION Before Justices Myers, Osborne, and Nowell Opinion by Justice Nowell

A jury convicted Joshua William Sutherby for aggravated sexual assault of a child under

the age of fourteen and assessed punishment at thirteen years in prison with no fine. Aggravated

sexual assault of a child under the age of fourteen is a first degree felony, TEX. PENAL CODE ANN.

§ 22.021(e), punishable by imprisonment for life or any term of not more than 99 years or less than

5 years and a fine not to exceed $10,000, id. § 12.32.

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, 811–12 (Tex. Crim. App.

[Panel Op.] 1978). Counsel delivered a copy of the brief to appellant and we advised him of his right to file a pro se response. See Kelly v. State, 436 S.W.3d 313, 319–21 (Tex. Crim. App. 2014)

(identifying duties of appellate court and counsel in Anders cases). Appellant has not filed a

response.

After reviewing counsel’s brief 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.

/Erin A. Nowell/ ERIN A. NOWELL JUSTICE

Do Not Publish TEX. R. APP. P. 47.2(b) 180268F.U05 Court of Appeals Fifth District of Texas at Dallas JUDGMENT

JOSHUA WILLIAM SUTHERBY, On Appeal from the 401st Judicial District Appellant Court, Collin County, Texas Trial Court Cause No. 401-83201-2016. No. 05-18-00268-CR V. Opinion delivered by Justice Nowell. Justices Myers and Osborne participating. THE STATE OF TEXAS, Appellee

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

Judgment entered this 14th day of October, 2019.