Michael Sean O'Connor v. State ( 2018 )

AFFIRM; and Opinion Filed August 9, 2018.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-00162-CR
MICHAEL SEAN O'CONNOR, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 422nd Judicial District Court
Kaufman County, Texas
Trial Court Cause No. 17-00283-422-F
MEMORANDUM OPINION
Before Justices Lang-Miers, Evans, and Schenck
Opinion by Justice Schenck
Appellant Michael Sean O’Connor waived a jury trial and pleaded guilty to manufacture
and delivery of methamphetamine in an amount of one gram or more but less than four grams.
After finding appellant guilty, the trial court assessed punishment at ten years’ imprisonment. The
trial court later issued a nunc pro tunc judgment to correct the date of the offense.
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. 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) (noting appellant has right to file pro se response to Anders brief filed by counsel).
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 nunc pro tunc judgment.
/David J. Schenck/
DAVID J. SCHENCK
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
180162F.U05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
MICHAEL SEAN O'CONNOR, Appellant On Appeal from the 422nd Judicial District
Court, Kaufman County, Texas
No. 05-18-00162-CR V. Trial Court Cause No. 17-00283-422-F.
Opinion delivered by Justice Schenck.
THE STATE OF TEXAS, Appellee Justices Lang-Miers and Evans
participating.
Based on the Court’s opinion of this date, the nunc pro tunc judgment of the trial court is
AFFIRMED.
Judgment entered this 9th day of August, 2018.
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