MARY JANE POTOCKI v. THE STATE OF TEXAS (2012)

MEMORANDUM OPINION

Opinion By Justice Moseley

Mary Jane Potocki waived a jury and pleaded guilty to fraudulent use/possession of identifying information of more than ten items but less than fifty items.   See Tex. Penal Code Ann. § 32.51(b–1)(1), (c)(3) (West 2011).   The trial court assessed punishment at fourteen years' imprisonment.   On appeal, appellant's attorney filed a brief in which he 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 her right to file a pro se response, but she 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.

S

Court of AppealsFifth District of Texas at DallasJUDGMENT

MARY JANE POTOCKI, Appellant

No. 05–11–01261–CR V.

THE STATE OF TEXAS, AppelleeAppeal from the Criminal District Court No. 2 of Dallas County, Texas.  (Tr.Ct.No.F11–26543–I).

Opinion delivered by Justice Moseley, Justices Morris and Myers participating.

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

Judgment entered July 2, 2012.

/Jim Moseley/

JIM MOSELEY

JUSTICE

JIM MOSELEY JUSTICE