Opinion
09-22-00071-CR
09-21-2022
DAVID SHANE ACOSTA, Appellant v. THE STATE OF TEXAS, Appellee
Do Not Publish
Submitted on August 29, 2022
On Appeal from the 411th District Court Polk County, Texas Trial Cause No. 27427
Before Golemon, C.J., Kreger and Horton, JJ.
MEMORANDUM OPINION
W. SCOTT GOLEMON, Chief Justice
In an open plea, Appellant David Shane Acosta pleaded guilty to the first-degree felony offense of aggravated robbery. See Tex. Penal Code Ann. § 29.03. After a sentencing hearing, the trial court sentenced Acosta to fifteen years of incarceration.
Acosta's appellate counsel filed an Anders brief that presents counsel's professional evaluation of the record and concludes that the appeal is frivolous. See Anders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On May 23, 2022, we granted an extension of time for Acosta to file a pro se brief. We received no response from Acosta.
We reviewed the appellate record, and we agree with counsel's conclusion that no arguable issues support the appeal. Therefore, we find it unnecessary to order appointment of new counsel to re-brief the appeal. Cf. Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We affirm the trial court's judgment.
Acosta may challenge our opinion in this case by filing a petition for discretionary review. See Tex.R.App.P. 68.1.
AFFIRMED.