John Abra v. State ( 2018 )


Menu:
  • Affirmed; Opinion Filed September 21, 2018.
    In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-18-00060-CR
    JOHN ABRA, Appellant
    V.
    THE STATE OF TEXAS, Appellee
    On Appeal from the Criminal District Court No. 5
    Dallas County, Texas
    Trial Court Cause No. F16-76089-L
    MEMORANDUM OPINION
    Before Justices Myers, Evans, and Brown
    Opinion by Justice Myers
    Appellant John Abra was indicted for continuous sexual abuse of a child younger than
    fourteen years. A jury found appellant guilty of the lesser-included offense of indecency with a
    child by contact. The trial court assessed punishment at fourteen 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. 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
    , 812 (Tex. Crim. App. [Panel Op.] 1978)
    (determining whether brief meets requirements of Anders). Counsel delivered a copy of the brief
    to appellant. See Kelly v. State, 
    436 S.W.3d 313
    , 319–21 (Tex. Crim. App. 2014) (noting appellant
    has right to file pro se response to Anders brief filed by counsel).
    Appellant filed a pro se response raising several issues. 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.
    /Lana Myers/
    LANA MYERS
    JUSTICE
    Do Not Publish
    TEX. R. APP. P. 47
    180060F.U05
    –2–
    Court of Appeals
    Fifth District of Texas at Dallas
    JUDGMENT
    JOHN ABRA, Appellant                                On Appeal from the Criminal District Court
    No. 5, Dallas County, Texas
    No. 05-18-00060-CR         V.                       Trial Court Cause No. F16-76089-L.
    Opinion delivered by Justice Myers.
    THE STATE OF TEXAS, Appellee                        Justices Evans and Brown participating.
    Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED.
    Judgment entered this 21st day of September, 2018.
    –3–
    

Document Info

Docket Number: 05-18-00060-CR

Filed Date: 9/21/2018

Precedential Status: Precedential

Modified Date: 9/24/2018