Cavev.State

Court of Appeals Fifth District of Texas at DallasJul 29, 2015
No. 05-14-01613-CR (Tex. App. Jul. 29, 2015)

No. 05-14-01613-CR

07-29-2015

MICHAEL DEE CAVE, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the Criminal District Court No. 1 Dallas County, Texas
Trial Court Cause No. F14-59553-H


MEMORANDUM OPINION

Before Justices Bridges, Lang, and Schenck
Opinion by Justice Schenck


Michael Dee Cave appeals his conviction for theft of property having a value less than $1,500, and having two prior theft convictions. See TEX. PENAL CODE ANN. § 31.03(a), (e)(4)(D) (West Supp. 2014). The trial court assessed punishment at one year's confinement in a state jail. 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 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 his right to file a pro se response, but he did not file a pro se response. 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).

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 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.

/David J. Schenck/


DAVID SCHENCK


JUSTICE
Do Not Publish
TEX. R. APP. P. 47
141613F.U05

JUDGMENT

Appeal from the Criminal District Court No. 1 of Dallas County, Texas (Tr.Ct.No. F14-59553-H).
Opinion delivered by Justice Schenck, Justices Bridges and Lang participating.


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