KIMOTHY MARK TAYLOR v. THE STATE OF TEXAS (2012)

MEMORANDUM OPINION

Opinion By Justice O'Neill

A jury convicted Kimothy Mark Taylor of murder and assessed punishment at ten years' imprisonment.   See Tex. Penal Code Ann. § 19.02(b) (West 2011).   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.   A court of appeals is not required to address the merits of claims raised in a pro se response.   See Bledsoe v. State, 178 S.W.3d 824, 827 (Tex.Crim.App.2005) (explaining appellate court's duty in Anders cases).   Rather, the Court's duty is to determine whether there are any arguable issues, and, if so, to remand the case to the trial court so that new counsel may be appointed to address those issues.  Id.

After reviewing counsel's brief, appellant's pro se response, and the record, 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.

110043F.U05 S

Court of Appeals

Fifth District of Texas at DallasJUDGMENT

KIMOTHY MARK TAYLOR, Appellant

No. 05–11–00043–CR V.

THE STATE OF TEXAS, AppelleeAppeal from the Criminal District Court No. 6 of Dallas County, Texas.  (Tr.Ct.No.F09–01454–X).

Opinion delivered by Justice O'Neill, Justices Richter and Francis participating.

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

Judgment entered March 28, 2012.

/Michael J. O'Neill/

MICHAEL J. O'NEILL

JUSTICE

MICHAEL J. O'NEILL JUSTICE