Rebecca Jean Cagle v. State

Opinion

AFFIRM; and Opinion Filed August 4, 2014.

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-13-00923-CR

No. 05-13-00933-CR

REBECCA JEAN CAGLE, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the 203rd Judicial District Court Dallas County, Texas

Trial Court Cause Nos. F11-45513-P, F10-11213-P

MEMORANDUM OPINION

Before Justices Moseley, O’Neill, and FitzGerald Opinion by Justice O’Neill

Rebecca Jean Cagle appeals from the adjudication of her guilt for theft of property less than $1,500, having two prior theft convictions and theft of property valued at $1,500 or more but less than $20,000. See TEX. PENAL CODE ANN. § 31.03(a), (e)(4) (West Supp. 2013). The trial court assessed punishment at two years’ confinement in state jail in each case. On appeal, appellant’s attorney filed a brief in which she concludes the appeals are 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, 811–12 (Tex. Crim. App.

[Panel Op.] 1978). Counsel delivered a copy of the brief to appellant. We advised appellant of her right to file a pro se response, but she did not file a pro se response. See Kelly v. State, 2014 WL 2865901 (Tex. Crim. App. June 25, 2014) (identifying duties of appellate courts and appellate counsel in Anders cases).

We have 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 appeals are frivolous and without merit. We find nothing in the record that might arguably support the appeals.

We affirm the trial court’s judgments.

/Michael J. O'Neill/

MICHAEL J. O’NEILL

JUSTICE

Do Not Publish TEX.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

130923F.U05

3

Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

REBECCA JEAN CAGLE, Appellant Appeal from the 203rd Judicial District Court of Dallas County, Texas (Tr.Ct.No.

No. 05-13-00923-CR V. F11-45513-P).

Opinion delivered by Justice O’Neill, THE STATE OF TEXAS, Appellee Justices Moseley and FitzGerald participating.

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

Judgment entered August 4, 2014.

4

Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

REBECCA JEAN CAGLE, Appellant Appeal from the 203rd Judicial District Court of Dallas County, Texas (Tr.Ct.No.

No. 05-13-00933-CR V. F10-11213-P).

Opinion delivered by Justice O’Neill, THE STATE OF TEXAS, Appellee Justices Moseley and FitzGerald participating.

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

Judgment entered August 4, 2014.