Melvin Lee Vaughn v. State

Opinion

Affirmed and Opinion Filed November 25, 2015

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-15-00049-CR

MELVIN LEE VAUGHN, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the 283rd Judicial District Court Dallas County, Texas

Trial Court Cause No. F13-60500-T

MEMORANDUM OPINION

Before Justices Francis, Evans, and Stoddart Opinion by Justice Francis

A jury convicted Melvin Lee Vaughn of aggravated assault with a deadly weapon. The trial court assessed punishment, enhanced by a prior felony conviction, at twenty-five years in prison. 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 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. See Kelly v. State, 436

S.W.3d 313, 319–21 (Tex. Crim. App. 2014) (identifying duties of appellate courts and counsel in Anders cases).

Appellant filed a pro se response raising one issue. After reviewing counsel’s brief, appellant’s pro se response, 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.

Do Not Publish TEX. R. APP. P. 47 150049F.U05 /Molly Francis/

MOLLY FRANCIS

JUSTICE

3

Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

MELVIN LEE VAUGHN, Appellant Appeal from the 283rd Judicial District Court of Dallas County, Texas (Tr.Ct.No.

No. 05-15-00049-CR V. F13-60500-T).

Opinion delivered by Justice Francis, THE STATE OF TEXAS, Appellee Justices Evans and Stoddart participating.

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

Judgment entered November 25, 2015.