Opinion
NO. 09-18-00190-CR
08-07-2019
DAVID DEWAYNE GARRETT, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 128th District Court Orange County, Texas
Trial Cause No. A170319-R
MEMORANDUM OPINION
A jury found appellant David Dewayne Garrett guilty of burglary of a habitation and assessed punishment as a previous felony offender at fifty-five years of imprisonment and a $7500 fine. Garrett'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 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978).
Although not an arguable issue, we note that appellant's middle name is misspelled in the indictment and the trial court's judgment.
On November 19, 2018, we granted an extension of time for Garrett to file a pro se brief. Garrett filed a pro se brief in response. The Court of Criminal Appeals has held that we need not address the merits of issues raised in an Anders brief or a pro se response. Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). Rather, an appellate court may determine: (1) "that the appeal is wholly frivolous and issue an opinion explaining that it has reviewed the record and finds no reversible error[;]" or (2) "that arguable grounds for appeal exist and remand the cause to the trial court so that new counsel may be appointed to brief the issues." Id.
We reviewed the appellate record, and we agree with counsel's conclusion that no arguable issues support an appeal. See id. 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.
Garrett may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68.
AFFIRMED.
/s/_________
STEVE McKEITHEN
Chief Justice Submitted on June 6, 2019
Opinion Delivered August 7, 2019
Do Not Publish Before McKeithen, C.J., Kreger and Horton, JJ.