Jessica Nicole Sheren v. the State of Texas ( 2022 )

AFFIRMED and Opinion Filed December 28, 2022
In the
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00094-CR
No. 05-22-00095-CR
JESSICA NICOLE SHEREN, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the County Court at Law No. 1
Grayson County, Texas
Trial Court Cause Nos. 2020-1-0623, 2021-1-0630
MEMORANDUM OPINION
Before Justices Molberg, Partida-Kipness, and Carlyle
Opinion by Justice Carlyle
Jessica Nicole Sheren appeals her convictions of two counts of misdemeanor
family violence assault.1 After a bench trial, the trial court sentenced her to two
hundred days’ confinement on each count, to run concurrently.
Ms. Sheren’s attorney has filed a brief in which he concludes Ms. Sheren’s
appeal is wholly frivolous and without merit.2 See Anders v. California, 386 U.S.
1See TEX. PENAL CODE § 22.01(a).
2
Although counsel’s brief complied with Anders, it is unclear whether counsel complied with the
requirements imposed by Kelly v. State, 436 S.W.3d 313, 319 (Tex. Crim. App. 2014). Regardless, the
738 (1967). The brief presents a professional evaluation of the record and shows
why there are no arguable grounds for an appeal. See High v. State, 573 S.W.2d 807,
812 (Tex. Crim. App. [Panel Op.] 1978) (determining whether brief meets
requirements of Anders). We advised Ms. Sheren of her right to file a pro se
response, and she has not filed a 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, finding nothing
in the record that might arguably support the appeal. We therefore affirm the trial
court’s judgment.
/Cory L. Carlyle/
220094f.u05 CORY L. CARLYLE
220095f.u05 JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
Clerk of Court sent Ms. Sheren a letter, attaching copies of counsel’s brief and motion to withdraw,
informing Ms. Sheren of her rights and addressing any deficiencies in counsel’s correspondence. Under
these circumstances, any failure by counsel to comply with Kelly’s requirements is harmless.
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JESSICA NICOLE SHEREN, On Appeal from the County Court at
Appellant Law No. 1, Grayson County, Texas
Trial Court Cause No. 2020-1-0623.
No. 05-22-00094-CR V. Opinion delivered by Justice Carlyle.
Justices Molberg and Partida-Kipness
THE STATE OF TEXAS, Appellee participating.
Based on the Court’s opinion of this date, the judgment of the trial court is
AFFIRMED.
Judgment entered this 28th day of December, 2022.
–3–
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JESSICA NICOLE SHEREN, On Appeal from the County Court at
Appellant Law No. 1, Grayson County, Texas
Trial Court Cause No. 2021-1-0630.
No. 05-22-00095-CR V. Opinion delivered by Justice Carlyle.
Justices Molberg and Partida-Kipness
THE STATE OF TEXAS, Appellee participating.
Based on the Court’s opinion of this date, the judgment of the trial court is
AFFIRMED.
Judgment entered this 28th day of December, 2022.
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