Larry Givens v. State ( 2020 )

AFFIRMED and Opinion Filed April 9, 2020
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00377-CR
LARRY GIVENS, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 1
Dallas County, Texas
Trial Court Cause No. F1875340
MEMORANDUM OPINION
Before Justices Myers, Whitehill, and Pedersen, III
Opinion by Justice Whitehill
Appellant pled not guilty to Possession of a Firearm by a Felon as enhanced
by two prior felony convictions. A jury found him guilty and the court assessed
punishment at forty years in prison.
Appellant’s counsel has filed a motion to withdraw. The motion is supported
by a brief in which counsel professionally and conscientiously examines the record
and applicable law and concludes that this appeal is frivolous and without merit.
Counsel has provided appellant with a copy of the brief and the motion to withdraw.
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). We advised appellant of his right to 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). Appellant responded but
presents no arguable grounds to advance.
We have also 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 therefore grant counsel’s motion to withdraw and affirm the trial court’s
judgment.
/Bill Whitehill/
BILL WHITEHILL
JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
190377F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
LARRY GIVENS, Appellant On Appeal from the Criminal District
Court No. 1, Dallas County, Texas
No. 05-19-00377-CR V. Trial Court Cause No. F1875340.
Opinion delivered by Justice
THE STATE OF TEXAS, Appellee Whitehill. Justices Myers and
Pedersen, III participating.
Based on the Court’s opinion of this date, the judgment of the trial court is
AFFIRMED.
Judgment entered April 9, 2020
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