Court of Civil Appeals of Texas, 2014

Charles Richard Vandiver v. State

Charles Richard Vandiver v. State
Court of Civil Appeals of Texas · Decided March 27, 2014

Charles Richard Vandiver v. State

Opinion

AFFIRM; and Opinion Filed March 27, 2014.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01678-CR CHARLES RICHARD VANDIVER, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 194th Judicial District Court Dallas County, Texas Trial Court Cause No. F12-56764-M MEMORANDUM OPINION Before Justices Bridges, O’Neill, and Brown Opinion by Justice O’Neill A jury convicted Charles Richard Vandiver of assault involving family violence, found one enhancement paragraph true, and assessed punishment at twenty years’ imprisonment and a $2,500 fine. See TEX. PENAL CODE ANN. § 22.01(a)(1), (b)(2)(A) (West 2011); TEX. FAM. CODE ANN. §§ 71.0021, 71.005 (West 2008 & Supp. 2013). 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.

Appellant filed a pro se response raising several issues After reviewing counsel’s brief, appellant’s pro se response, and the record, we agree the appeal is frivolous and without merit.

See Bledsoe v. State, 178 S.W.3d 824, 827 (Tex. Crim. App. 2005) (explaining appellate court’s duty in Anders cases). We find nothing in the record that might arguably support the appeal.

We affirm the trial court’s judgment.

/Michael J. O'Neill/ MICHAEL J. O’NEILL JUSTICE

Do Not Publish TEX. R. APP. P. 47 121678F.U05

-2- Court of Appeals Fifth District of Texas at Dallas JUDGMENT

CHARLES RICHARD VANDIVER, Appeal from the 194th Judicial District Appellant Court of Dallas County, Texas (Tr.Ct.No. F12-56764-M).

No. 05-12-01678-CR V. Opinion delivered by Justice O’Neill, Justices Bridges and Brown participating.

THE STATE OF TEXAS, Appellee

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

Judgment entered March 27, 2014.

/Michael J. O'Neill/ MICHAEL J. O’NEILL JUSTICE

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