Brandon Kimon Mwaniki v. State

Affirmed and Opinion Filed December 14, 2016

S In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-16-00093-CR

BRANDON KIMON MWANIKI, Appellant

V. THE STATE OF TEXAS, Appellee On Appeal from the 219th Judicial District Court Collin County, Texas Trial Court Cause No. 219-81887-2014

MEMORANDUM OPINION

Before Justices Bridges, Evans, and Schenck Opinion by Justice Bridges

Brandon Kimon Mwaniki waived a jury and pleaded guilty to aggravated robbery with a deadly weapon, a firearm. See TEX. PENAL CODE ANN. § 29.03(a) (West 2011). After finding appellant guilty, the trial court assessed punishment at fifteen yeas’ 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, 811–12 (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 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.

/David L. Bridges DAVID L. BRIDGES JUSTICE

Do Not Publish TEX. R. APP. P. 47 160093F.U05

S Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

BRANDON KIMON MWANIKI, Appellant On Appeal from the 219th Judicial District

Court, Collin County, Texas No. 05-16-00093-CR V. Trial Court Cause No. 219-81887-2014.

Opinion delivered by Justice Bridges. THE STATE OF TEXAS, Appellee Justices Evans and Schenck participating.

Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED. Judgment entered December 14, 2016.