Affirmed; Opinion Filed May 12, 2016.

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-15-00969-CR

No. 05-15-00972-CR

PHYLLIS RENAY BURNS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 194th Judicial District Court

Dallas County, Texas

Trial Court Cause Nos. F15-52149-M, F15-54887-M

MEMORANDUM OPINION

Before Chief Justice Wright, Justice Bridges, and Justice Lang 

Opinion by Justice Lang

A grand jury indicted Phyllis Renay Burns, appellant, for assault on a public servant and 

retaliation. Appellant entered an open plea of guilty and judicially confessed to both charges. The 

trial court sentenced her to four years’ imprisonment in each case. Appellant filed a motion for 

new trial in both cases. The trial court denied both motions. Appellant timely appealed. 

On appeal, appellant’s counsel filed a motion to withdraw as counsel accompanied by a brief 

in which she cites Anders v. California, 386 U.S. 738 (1967), and concludes the record contains 

no reversible error to raise any arguable issues for appeal. The brief presents a professional 

evaluation of the record showing 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 
–2–

to the appellant. We advised appellant of her right to file a pro se response. However, appellant 

did not file a pro se response.

“When an Anders brief is filed, our duty is to determine whether there are any arguable 

grounds for reversal, and if so, to remand the case to the trial court for the appointment of new 

counsel to address the issues.” In Interest of Ka.D., No. 05-15-01185-CV, 2015 WL 9481441, at 

*1 (Tex. App.–Dallas Dec. 29, 2015, no pet.) (citing Beldsoe v. State, 178 S.W.3d 824, 827 (Tex. 

Crim. App. 2005)).

We have reviewed the entire record and the Anders brief. See id. We agree there is no 

arguable ground for reversal in the record and the appeal is frivolous and without merit. See 

Beldsoe, 178 S.W.3d at 827. Accordingly, we affirm the trial court’s conviction of appellant for 

assault on a public servant and for retaliation. 

We grant counsel’s motion to withdraw and affirm the trial court’s judgment.

/Douglas S. Lang/

DOUGLAS S. LANG

JUSTICE

Do Not Publish 

TEX. R. APP. P. 47.2(b)

150969F.U05
–3–

Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

PHYLLIS RENAY BURNS, Appellant

No. 05-15-00969-CR V. 

THE STATE OF TEXAS, Appellee

On Appeal from the 194th Judicial District 

Court, Dallas County, Texas

Trial Court Cause Nos. F15-52149-M 

Opinion delivered by Justice Lang. Chief 

Justice Wright and Justice Bridges 

participating.

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

Judgment entered this 12th day of May, 2016.
–4–

Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

PHYLLIS RENAY BURNS, Appellant

No. 05-15-00972-CR V.

THE STATE OF TEXAS, Appellee

On Appeal from the 194th Judicial District 

Court, Dallas County, Texas

Trial Court Cause No. F15-54887-M

Opinion delivered by Justice Lang. Chief 

Justice Wright and Justice Bridges 

participating.

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

Judgment entered this 12th day of May, 2016.