Lester, Ronda Kay v. State

Court of Appeals of Texas·Decided October 2, 2012·No. 05-11-00748-CR·Published

Opinion

AFFIRM; Opinion Filed October 2, 2012.

In The uf Appcat uitrt Fifth Jiitrirt nf Irxa at IIatta No. 05-1 1-00748-CR

RONDA KAY LESTER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 194th Judicial District Court Dallas County, Texas Trial Court Cause No. F08-52578-M

MEMORANDUM OPINION Before Justices Moseley, Fillmore, Myers Opinion By Justice Myers

Ronda Kay Lester appeals the adjudication of her guilt for aggravated robbery with a deadly

weapon, a knife. See TEx. PENAL CODE ANN. § 29.03(a) (West 201 1). The trial court assessed

punishment at ten 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. Califàrnia, 386 U.s. 738 (1967). The briefpresents 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.

Appellant filed a pro se response raising several issues. A court of appeals is not required to address the merits o[ claims raised in a pro se response. See Bledsoe v. Siate, 178 S.W3d 824,

827 (Tex. Crim. App. 2005) (explaining appellate court’s duty in Anders cases). Rather, the Court’s

duty is to determine whether there are any arguable issues, and, if so, to remand the case to the trial

court so that new counsel may be appointed to address those issues. Id.

After reviewing counsel’s brief, appellant’s pro se response, and the record, 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 adjudicating guilt.

LANA MYERS JUSTiCE Do Not Publish TEX. R. App. P. 47 1 10748F.U05 (!titirt uf ApiiaIi .Fift1i t1itrirt iif rxas at Ja1hu

JUDGMENT RONDA KAY LESTER, Appellant Appeal from the 1 94th Judicial District Court of Dallas County, Texas. (Tr.Ct.No. No. 05-I 1-00748-CR V. F08-52578-M). opinion delivered by Justice Myers, Justices THE STATE OF TEXAS, Appellee Moseley and Fillmore participating.

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

Judgment entered October 2, 2012.

LANA J\IIYERS JUSTICE

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Related

High v. State
573 S.W.2d 807 (Court of Criminal Appeals of Texas, 1978)