Full Opinion (html_with_citations)

AFFIRMED and Opinion Filed December 28, 2022




                                              In the
                                 Court of Appeals
                          Fifth District of Texas at Dallas
                                     No. 05-22-00094-CR
                                     No. 05-22-00095-CR

                        JESSICA NICOLE SHEREN, Appellant
                                      V.
                          THE STATE OF TEXAS, Appellee

                   On Appeal from the County Court at Law No. 1
                               Grayson County, Texas
                   Trial Court Cause Nos. 2020-1-0623, 2021-1-0630

                            MEMORANDUM OPINION
                  Before Justices Molberg, Partida-Kipness, and Carlyle
                                Opinion by Justice Carlyle
         Jessica Nicole Sheren appeals her convictions of two counts of misdemeanor

family violence assault.1 After a bench trial, the trial court sentenced her to two

hundred days’ confinement on each count, to run concurrently.

         Ms. Sheren’s attorney has filed a brief in which he concludes Ms. Sheren’s

appeal is wholly frivolous and without merit.2 See Anders v. California,
386 U.S. 1
       See TEX. PENAL CODE § 22.01(a).
   2
      Although counsel’s brief complied with Anders, it is unclear whether counsel complied with the
requirements imposed by Kelly v. State,
436 S.W.3d 313, 319
 (Tex. Crim. App. 2014). Regardless, the
738 (1967). The brief presents a professional evaluation of the record and shows

why there are no arguable grounds for an appeal. See High v. State,
573 S.W.2d 807, 812
 (Tex. Crim. App. [Panel Op.] 1978) (determining whether brief meets

requirements of Anders). We advised Ms. Sheren of her right to file a pro se

response, and she has not filed a 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).

       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, finding nothing

in the record that might arguably support the appeal. We therefore affirm the trial

court’s judgment.




                                                   /Cory L. Carlyle/
220094f.u05                                        CORY L. CARLYLE
220095f.u05                                        JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)




Clerk of Court sent Ms. Sheren a letter, attaching copies of counsel’s brief and motion to withdraw,
informing Ms. Sheren of her rights and addressing any deficiencies in counsel’s correspondence. Under
these circumstances, any failure by counsel to comply with Kelly’s requirements is harmless.
                                                –2–
                            Court of Appeals
                     Fifth District of Texas at Dallas
                                 JUDGMENT

JESSICA NICOLE SHEREN,                       On Appeal from the County Court at
Appellant                                    Law No. 1, Grayson County, Texas
                                             Trial Court Cause No. 2020-1-0623.
No. 05-22-00094-CR          V.               Opinion delivered by Justice Carlyle.
                                             Justices Molberg and Partida-Kipness
THE STATE OF TEXAS, Appellee                 participating.

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


Judgment entered this 28th day of December, 2022.




                                       –3–
                            Court of Appeals
                     Fifth District of Texas at Dallas
                                 JUDGMENT

JESSICA NICOLE SHEREN,                       On Appeal from the County Court at
Appellant                                    Law No. 1, Grayson County, Texas
                                             Trial Court Cause No. 2021-1-0630.
No. 05-22-00095-CR          V.               Opinion delivered by Justice Carlyle.
                                             Justices Molberg and Partida-Kipness
THE STATE OF TEXAS, Appellee                 participating.

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


Judgment entered this 28th day of December, 2022.




                                       –4–