Dimitri Dewayne Richardson v. State

Affirmed and Opinion Filed June 28, 2016

S In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-15-01500-CR

No. 05-15-01501-CR

DIMITRI DEWAYNE RICHARDSON, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 265th Judicial District Court Dallas County, Texas

Trial Court Cause Nos. F15-39252-R, F15-55162-R MEMORANDUM OPINION

Before Justices Myers, Stoddart, and Whitehill Opinion by Justice Whitehill

Dimitri Dewayne Richardson waived a jury and pleaded guilty to burglary of a habitation and aggravated robbery with a deadly weapon. See TEX. PENAL CODE ANN. §§ 29.03(a)(2), 30.02(a), (c)(2) (West 2011). Appellant also pleaded true to one enhancement paragraph in each case. After finding appellant guilty and the enhancement paragraph true, the trial court sentenced appellant to twenty years’ imprisonment in each case. On appeal, appellant’s attorney filed a brief in which he concludes the appeals are 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, 811–12 (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. See Kelly v. State, 436 S.W.3d 313, 319–21 (Tex. Crim. App. 2014) (identifying duties of appellate courts and counsel in Anders cases).

We have 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 appeals are frivolous and without merit. We find nothing in the record that might arguably support the appeals.

We affirm the trial court’s judgments.

/Bill Whitehill/ BILL WHITEHILL JUSTICE

Do Not Publish

TEX. R. APP. P. 47

151500F.U05

S

Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

DIMITRI DEWAYNE RICHARDSON, On Appeal from the 265th Judicial District Appellant Court, Dallas County, Texas Trial Court Cause No. F15-39252-R. No. 05-15-01500-CR V. Opinion delivered by Justice Whitehill. Justices Myers and Stoddart participating. THE STATE OF TEXAS, Appellee

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

Judgment entered June 28, 2016.

S

Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

DIMITRI DEWAYNE RICHARDSON, On Appeal from the 265th Judicial District Appellant Court, Dallas County, Texas Trial Court Cause No. F15-55162-R. No. 05-15-01501-CR V. Opinion delivered by Justice Whitehill. Justices Myers and Stoddart participating. THE STATE OF TEXAS, Appellee

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

Judgment entered June 28, 2016.