Mark Thomas, Jr. v. State

Opinion

AFFIRM; and Opinion filed February 27, 2014.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00316-CR

MARK THOMAS, JR., Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 196th Judicial District Court Hunt County, Texas Trial Court Cause No. 27,514

MEMORANDUM OPINION Before Justices FitzGerald, Fillmore, and Evans Opinion by Justice Fillmore

Mark Thomas, Jr. appeals following the adjudication of his guilt for aggravated assault

with a deadly weapon. See TEX. PENAL CODE ANN. § 22.02(a) (West 2011). The trial court

assessed punishment at fourteen years’ imprisonment. On appeal, Thomas’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 Thomas. We advised Thomas 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.

/Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE

Do Not Publish TEX. R. APP. P. 47

130316F.U05

-2- Court of Appeals Fifth District of Texas at Dallas

JUDGMENT

MARK THOMAS, JR., Appellant Appeal from the 196th Judicial District Court of Hunt County, Texas (Tr.Ct.No. No. 05-13-00316-CR V. 27,514). Opinion delivered by Justice Fillmore, THE STATE OF TEXAS, Appellee Justices FitzGerald and Evans participating.

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

Judgment entered February 27, 2014.

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