AFFIRMED and Opinion Filed December 2, 2020 

S 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-19-01031-CR 

No. 05-19-01032-CR 

No. 05-19-01033-CR 

VICTOR CARL TERRY, Appellant 

V. 

THE STATE OF TEXAS, Appellee 

On Appeal from the 380th Judicial District Court 

Collin County, Texas 

Trial Court Cause Nos. 380-82927-2018, 380-82928-2018, 380-80282-2019 

MEMORANDUM OPINION 

Before Justices Schenck, Osborne, and Partida-Kipness 

Opinion by Justice Osborne 

Appellant Victor Carl Terry voluntarily pleaded guilty to aggravated robbery 

in cause number 380-82927-2018, assault against a public servant in cause number 

380-80282-2019, and unauthorized use of a motor vehicle in cause number 

380-82928-2018. The court accepted his pleas, and the cases proceeded to a 

punishment hearing and sentencing on August 19, 2019. After conducting a full 

hearing that included testimony from appellant and eleven other witnesses, the trial 

court sentenced appellant to two years’ confinement in State Jail for unauthorized 

use of a motor vehicle, 20 years’ confinement in the Institutional Division of the 
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Texas Department of Criminal Justice (“TDCJ”) for assault against a public servant, 

and 40 years’ confinement in TDCJ for aggravated robbery. Appellant filed a timely 

notice of appeal. 

In this Court, appellant’s attorney filed a brief in which she concludes that 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 Gainous v. State, 436 S.W.2d 137, 138 (Tex. Crim. App. 1969); 

Arevalos v. State, 606 S.W.3d 912, 915–16 (Tex. App.—Dallas 2020, no pet. h.). 

Appellant’s counsel filed a separate motion to withdraw. She also fulfilled the 

additional functions required by the Court of Criminal Appeals in Kelly v. State, 436 

S.W.3d 313, 318–20 (Tex. Crim. App. 2014), including notifying appellant of the 

motion to withdraw and the accompanying Anders brief, providing him a copy of 

each and informing him of his right to file a pro se response and of his right to review 

the record preparatory to filing that response. We also informed appellant of these 

rights and of his pro se right to seek discretionary review should this Court declare 

his appeal frivolous. See Arevalos, 606 S.W.3d at 914 n.2 (citing Kelly, 436 S.W.3d 

at 319–20). 

We advised appellant of his right to file a pro se response, but he did not file 

a pro se response. See Kelly, 436 S.W.3d at 319–20 (appellant has right to file pro 

se response to Anders brief filed by counsel). We have reviewed the record and 
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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 that 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.

Do Not Publish 

TEX. R. APP. P. 47 

191031F.U05 

 

/Leslie Osborne/ 

LESLIE OSBORNE 

JUSTICE 
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S 

Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT 

VICTOR CARL TERRY, Appellant 

No. 05-19-01031-CR V. 

THE STATE OF TEXAS, Appellee 

 On Appeal from the 380th Judicial 

District Court, Collin County, Texas 

Trial Court Cause No. 380-80282-

2019. 

Opinion delivered by Justice 

Osborne. Justices Schenck and 

Partida-Kipness participating. 

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

AFFIRMED. 

Judgment entered December 2, 2020 

 
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S 

Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT 

VICTOR CARL TERRY, Appellant 

No. 05-19-01032-CR V. 

THE STATE OF TEXAS, Appellee 

 On Appeal from the 380th Judicial 

District Court, Collin County, Texas 

Trial Court Cause No. 380-82927-

2018. 

Opinion delivered by Justice 

Osborne. Justices Schenck and 

Partida-Kipness participating. 

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

AFFIRMED. 

Judgment entered December 2, 2020 

 
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S 

Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT 

VICTOR CARL TERRY, Appellant 

No. 05-19-01033-CR V. 

THE STATE OF TEXAS, Appellee 

 On Appeal from the 380th Judicial 

District Court, Collin County, Texas 

Trial Court Cause No. 380-82928-

2018. 

Opinion delivered by Justice 

Osborne. Justices Schenck and 

Partida-Kipness participating. 

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

AFFIRMED. 

Judgment entered December 2, 2020