Kaylon Oliver v. State

Opinion

Affirm and Opinion Filed October 28, 2013

In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01459-CR

KAYLON LEREY OLIVER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 3 Dallas County, Texas Trial Court Cause No. F12-28089-J

MEMORANDUM OPINION Before Justices FitzGerald, Francis, and Myers Opinion by Justice FitzGerald

Kaylon Lerey Oliver waived a jury and pleaded guilty to aggravated assault with a deadly

weapon, a motor vehicle. See TEX. PENAL CODE ANN. § 22.02(a) (West 2011). The trial court

assessed punishment at fifteen 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, 811 (Tex. Crim. App. [Panel Op.] 1978). Counsel delivered a copy of the brief to appellant. We advised appellant of his right to file a pro se response, but he

did not file a pro se response.

We have reviewed the record and counsel’s brief. See Bledsoe v. State, 178 S.W.3d 824,

827 (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.

/Kerry P. FitzGerald/_________________ KERRY P. FITZGERALD JUSTICE

Do Not Publish TEX. R. APP. P. 47 121459F.U05

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Court of Appeals Fifth District of Texas at Dallas

JUDGMENT

KAYLON LEREY OLIVER, Appellant Appeal from the Criminal District Court No. 3 of Dallas County, Texas (Tr.Ct.No. No. 05-12-01459-CR V. F12-28089-J). Opinion delivered by Justice FitzGerald, THE STATE OF TEXAS, Appellee Justices Francis and Myers participating.

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

Judgment entered October 28, 2013

/Kerry P. FitzGerald__________ KERRY P. FITZGERALD JUSTICE

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