Larry Givens v. State

Opinion

AFFIRMED and Opinion Filed April 9, 2020

S In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-19-00377-CR

LARRY GIVENS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 1 Dallas County, Texas

Trial Court Cause No. F1875340

MEMORANDUM OPINION

Before Justices Myers, Whitehill, and Pedersen, III Opinion by Justice Whitehill Appellant pled not guilty to Possession of a Firearm by a Felon as enhanced

by two prior felony convictions. A jury found him guilty and the court assessed punishment at forty years in prison.

Appellant’s counsel has filed a motion to withdraw. The motion is supported by a brief in which counsel professionally and conscientiously examines the record and applicable law and concludes that this appeal is frivolous and without merit. Counsel has provided appellant with a copy of the brief and the motion to withdraw. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967). The

2

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). We advised appellant of his right to file a pro se response. 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 responded but presents no arguable grounds to advance.

We have also 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 therefore grant counsel’s motion to withdraw and affirm the trial court’s judgment.

/Bill Whitehill/

BILL WHITEHILL

JUSTICE

Do Not Publish TEX. R. APP. P. 47.2(b) 190377F.U05

3

S

Court of Appeals

Fifth District of Texas at Dallas JUDGMENT

LARRY GIVENS, Appellant On Appeal from the Criminal District Court No. 1, Dallas County, Texas No. 05-19-00377-CR V. Trial Court Cause No. F1875340.

Opinion delivered by Justice THE STATE OF TEXAS, Appellee Whitehill. Justices Myers and Pedersen, III participating.

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

Judgment entered April 9, 2020