Opinion
NO. 09-10-00252-CR
10-05-2011
CHARLES ARMSTRONG, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the County Court at Law No. 3
Jefferson County, Texas
Trial Cause No. 241097
MEMORANDUM OPINION
Appellant Charles Armstrong was charged by information with terroristic threat. He entered a plea of not guilty. A jury found appellant guilty of terroristic threat. The trial court sentenced Armstrong to ninety days in jail, but probated his sentence for one year and assessed a fine of $500. Armstrong filed a notice of appeal.
Armstrong's appellate counsel filed a brief that presents counsel's professional evaluation of the record and concludes the appeal is frivolous. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On June 2, 2011, we granted an extension of time for appellant to file a pro se brief. We received no response from the appellant.
We have reviewed the appellate record, and we agree with counsel's conclusion that no arguable issues support an appeal. Therefore, we find it unnecessary to order appointment of new counsel to re-brief the appeal. Compare Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We affirm the trial court's judgment.
Appellant may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68.
AFFIRMED.
___________________________
CHARLES KREGER
Justice
Do not publish Before McKeithen, C.J., Gaultney and Kreger, JJ.