Affirm and Opinion Filed October 28, 2013

In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01459-CR KAYLON LEREY OLIVER, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 3 Dallas County, Texas Trial Court Cause No. F12-28089-J MEMORANDUM OPINION Before Justices FitzGerald, Francis, and Myers Opinion by Justice FitzGerald Kaylon Lerey Oliver waived a jury and pleaded guilty to aggravated assault with a deadly weapon, a motor vehicle. See TEX. PENAL CODE ANN. § 22.02(a) (West 2011). The trial court assessed punishment at fifteen 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, 811 (Tex. Crim. App. [Panel Op.] 1978). Counsel delivered a copy of the brief to appellant. We advised appellant of his right to file a pro se response, but he did not file a pro se response.

We have reviewed the record and counsel’s brief. See Bledsoe v. State, 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 find nothing in the record that might arguably support the appeal.

We affirm the trial court’s judgment.

/Kerry P. FitzGerald/_________________ KERRY P. FITZGERALD JUSTICE

Do Not Publish TEX. R. APP. P. 47 121459F.U05

‐2‐

Court of Appeals Fifth District of Texas at Dallas JUDGMENT

KAYLON LEREY OLIVER, Appellant Appeal from the Criminal District Court No. 3 of Dallas County, Texas (Tr.Ct.No. No. 05-12-01459-CR V. F12-28089-J).

Opinion delivered by Justice FitzGerald, THE STATE OF TEXAS, Appellee Justices Francis and Myers participating.

Based on the Court’s opinion of this date, the trial court’s judgment is AFFIRMED.

Judgment entered October 28, 2013

/Kerry P. FitzGerald__________ KERRY P. FITZGERALD JUSTICE

‐3‐