Anthony Leroy Jones v. State ( 2016 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
ANTHONY LEROY JONES, §
No. 08-14-00106-CR
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Appellant, Appeal from the
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V. 297th District Court
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of Tarrant County, Texas
THE STATE OF TEXAS, §
(TC# 1297869D)
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Appellee.
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MEMORANDUM OPINION
Anthony Leroy Jones appeals his conviction of robbery, enhanced by two prior felony
convictions. Appellant was charged with aggravated robbery, but he entered a plea of guilty to
the lesser included offense of robbery before a jury and the trial court conducted a unitary
proceeding. TEX.CODE CRIM.PROC.ANN. art. 26.14 (West 2009); see Frame v. State, 615
S.W.2d 766, 767 (Tex.Crim.App. 1981). The jury found Appellant guilty, found the
enhancement paragraphs true, and assessed his punishment at imprisonment for a term of sixty
years. We affirm.
FRIVOLOUS APPEAL
Appellant’s court-appointed counsel has filed a brief in which he has concluded that the
appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v.
California, 386 U .S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967), by presenting a professional
evaluation of the record demonstrating why, in effect, there are no arguable grounds to be
advanced. See In re Schulman, 252 S.W.3d 403, 406 n.9 (Tex.Crim.App. 2008)(“In Texas, an
Anders brief need not specifically advance ‘arguable’ points of error if counsel finds none, but it
must provide record references to the facts and procedural history and set out pertinent legal
authorities.”); High v. State, 573 S.W.2d 807 (Tex.Crim.App. 1978). Counsel has notified the
Court in writing that he has delivered a copy of counsel’s brief and the motion to withdraw to
Appellant, and he has advised Appellant of his right to review the record, file a pro se brief, and
to seek discretionary review. Kelly v. State, 436 S.W.3d 313, 318-20 (Tex.Crim.App.
2014)(setting forth duties of counsel). Appellant has been provided access to the appellate
record, but he has informed the Court he does not wish to file a pro se brief despite.
We have carefully reviewed the record and counsel’s brief, and agree that the appeal is
wholly frivolous and without merit. Further, we find nothing in the record that might arguably
support the appeal. Accordingly, we affirm the judgment of the trial court.
April 22, 2016
ANN CRAWFORD McCLURE, Chief Justice
Before McClure, C.J., Rodriguez, and Hughes, JJ.
(Do Not Publish)
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