THE PEOPLE v. WALTER FERNANDEZ (2012)

MEMORANDUM OPINION

Opinion By Justice Murphy

Kenneth Wayne Herford appeals from the adjudication of his guilt for assault family violence by impeding breathing and circulation.   See Tex. Penal Code Ann. § 22.01(a)(1), (b)(2) (West 2011);  Tex. Fam.Code Ann. § 71.004(1) (West 2008).   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.   We advised appellant of his right to file a pro se response, but he 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

KENNETH WAYNE HERFORD, Appellant

No. 05–11–01090–CR V.

THE STATE OF TEXAS, AppelleeAppeal from the Criminal District Court No. 3 of Dallas County, Texas.  (Tr.Ct.No.F10–54972–J).

Opinion delivered by Justice Murphy, Justices FitzGerald and Fillmore participating.

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

Judgment entered July 31, 2012.

/Mary Murphy/

MARY MURPHY

JUSTICE

MARY MURPHY JUSTICE