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Shawn Patrick Thurman v. the State of Texas
05-20-00794-CR
| Tex. App. | Nov 2, 2021
|
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Case Information

*1 AFFIRMED and Opinion Filed November 2, 2021

In The

No. 05-20-00794-CR SHAWN PATRICK THURMAN, Appellant V.

On Appeal from the 363rd Judicial District Court Dallas County, Texas

Trial Court Cause No. F18-26068-W MEMORANDUM OPINION Before Justices Schenck, Smith, and Garcia Opinion by Justice Garcia

Appellant pleaded guilty and was convicted of burglary of a building, enhanced by two prior convictions. The court assessed punishment at ten years imprisonment and judgment was entered accordingly.

On appeal, appellant’s counsel has filed a brief in which he concludes the appeal is 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, 812 (Tex. Crim. App. [Panel Op.] 1978) (determining whether brief meets requirements of Anders ). Counsel delivered a copy of the brief *2 to appellant. The State filed a letter brief stating that it agrees with counsel’s assessment. [1] 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) (noting appellant has right to file pro se response to Anders brief filed by counsel).

As required, appellant’s counsel has moved for leave to withdraw and has provided appellant with a copy of the motion. See In re Schulman , 252 S.W.3d 403, 407 (Tex. Crim. App. 2008) (orig. proceeding). We carried the motion for consideration with the merits.

Having reviewed the record, we agree with counsel that this appeal is wholly frivolous and without merit; we find nothing in the record before us that arguably might support the appeal. See Bledsoe v. State , 178 S.W.3d 824, 827–28 (Tex. Crim. App. 2005); see also Meza v. State , 206 S.W.3d 684, 685 n.6 (Tex. Crim. App. 2006).

*3 Accordingly, we grant counsel’s motion to withdraw and affirm the trial court’s judgment. Se e Tex. R. App. P. 43.2(a), (b).

/Dennise Garcia/ DENNISE GARCIA JUSTICE

Do Not Publish

T 47.2(b)

200794F.U05

Court of Appeals

JUDGMENT

SHAWN PATRICK THURMAN, On Appeal from the 363rd Judicial Appellant District Court, Dallas County, Texas

Trial Court Cause No. F18-26068-W. No. 05-20-00794-CR V. Opinion delivered by Justice Garcia.

Justices Schenck and Smith participating. Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED .

Judgment entered November 2, 2021

[1] As the State notes, the record does reflect error because the court failed to orally give the immigration consequences admonishment. See T EX . C ODE C RIM . P ROC . A NN . art. 26.13. Nonetheless, we agree with the State that the record does not demonstrate that this affected appellant’s substantial rights. See VanNortrick v. State, 227 S.W.3d 706, 708 (Tex. Crim. App. 2007); T 44.2(b).

Case Details

Case Name: Shawn Patrick Thurman v. the State of Texas
Court Name: Court of Appeals of Texas
Date Published: Nov 2, 2021
Docket Number: 05-20-00794-CR
Court Abbreviation: Tex. App.
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