Jessica Byas-Lurgio v. State ( 2018 )

AFFIRM; and Opinion Filed August 6, 2018.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-17-01155-CR
JESSICA BYAS-LURGIO, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 1
Dallas County, Texas
Trial Court Cause No. F15-76316-H
MEMORANDUM OPINION
Before Justices Bridges, Brown, and Boatright
Opinion by Justice Brown
Appellant Jessica Byas-Lurgio waived a jury trial and pleaded guilty to reckless injury to
a child causing serious bodily harm. After finding appellant guilty, the trial court assessed
punishment at ten 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. 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, 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 judgment.
/Ada Brown/
ADA BROWN
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
171155F.U05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JESSICA BYAS-LURGIO, Appellant On Appeal from the Criminal District Court
No. 1, Dallas County, Texas
No. 05-17-01155-CR V. Trial Court Cause No. F15-76316-H.
Opinion delivered by Justice Brown.
THE STATE OF TEXAS, Appellee Justices Bridges and Boatright
participating.
Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED.
Judgment entered this 6th day of August, 2018.
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