Ontiveros, Francisco Antonio v. State

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AFFIRM; Opinion issued October 30, 2012

In The !1nurt of Appratfi

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No. 05-12-00535-CR

FRANCISCO ANTONIO ONTIVEROS, Appellant V.

THE STATE OF TEXAS, Appdllee

On Appeal from the 204th Judicial District Court I)allas County, Texas

Trial Court Cause No. F10-62236-Q MEMORANDUM OPINION

Before Justices Morris, Francis, and Murphy Opinion By Justice Francis Francisco Antonio Ontiveros waived a jury and pleaded guilty to aggravated robbery with a deadly weapon, a baseball bat. The trial court assessed punishment for twenty years in prison. On appeal, appellants attorney filed a brief in which she concludes the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. CaIi/àrnia. 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. 811 (Tex. Crim. App. [Panel Op.j 1978). Counsel delivered a copy of the brief to appellant. We advised appellant of his right to file a pro se response. hut he did not file a pro se response. We have revie\ed the record and counsels brief. See BleLsoe v. S/ate. 178 S.W.3d 824. 827 (Tex, Crim. App. 2005) (explaining appellate court’s duty in Anders cases). We agree the appeal is frivolous and without merit. We {ind nothing in the record that might arguably support the appeal.

We affirm the trial courts judgment.

‘‘thLt4 M1) .LY FRAI’JCIS TUc [ICE

Do Not Publish

TEX. R. App. P. 47

120535F.U05

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JUDGMENT

FRANCISCO ANTONIO ONTIVEROS. Appeal from the 204th Judicial District Appellant Court of Dallas County. Texas (Tr.Ct.No. F 1 0-62236-Q).

No. 05-12-00535-CR V. Opinion delivered by Justice Francis, Justices Morris and Murphy participating. THE STATE OF TEXAS, Appellec

Based on the Courts opinion of this date. the trial courts judgment is AFFIRMED.

Judgment entered October 30, 2012.

FRS

JUST1C