Court of Civil Appeals of Texas, 2012

Cheretta Andurnique Smith v. State

Cheretta Andurnique Smith v. State
Court of Civil Appeals of Texas · Decided November 27, 2012

Cheretta Andurnique Smith v. State

Opinion

Motion Granted; Affirmed and Memorandum Opinion filed November 27, 2012.

In The

Fourteenth Court of Appeals NO. 14-12-00148-CR

CHERETTA ANDURNIQUE SMITH, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 405th District Court Galveston County, Texas Trial Court Cause No. 10CR0550

MEMORANDUM OPINION Appellant entered a plea of guilty to murder, and she elected to have the jury assess punishment. On January 13, 2012, in accordance with the jury’s verdict, the trial court sentenced appellant to confinement for eighty-four years in the Institutional Division of the Texas Department of Criminal Justice. Appellant filed a timely notice of appeal.

Appellant’s appointed counsel filed a brief in which he concludes 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 (1967), by presenting a professional evaluation of the record and demonstrating why there are no arguable grounds to be advanced. See High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978).

A copy of counsel’s brief was delivered to appellant. Appellant was advised of the right to examine the appellate record and file a pro se response. See Stafford v. State, 813 S.W.2d 503, 512 (Tex. Crim. App. 1991). As of this date, more than forty-five days has passed and no pro se response has been filed.

We have carefully reviewed the record and counsel’s brief and agree the appeal is wholly frivolous and without merit. Further, we find no reversible error in the record.

We are not to address the merits of each claim raised in an Anders brief or a pro se response when we have determined there are no arguable grounds for review. See Bledsoe v. State, 178 S.W.3d 824, 827–28 (Tex. Crim. App. 2005).

Accordingly, the judgment of the trial court is affirmed.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Brown and Busby.

Do Not Publish — Tex. R. App. P. 47.2(b).

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