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Powell v. State

Court of Appeals of Texas, Ninth District, Beaumont
Aug 26, 2009
No. 09-08-00333-CR (Tex. App. Aug. 26, 2009)

Opinion

No. 09-08-00333-CR

Submitted on August 11, 2009.

Opinion Delivered August 26, 2009. DO NOT PUBLISH.

On Appeal from the Criminal District Court Jefferson County, Texas, Trial Cause No. 99941.

Before McKEITHEN, C.J., KREGER and HORTON, JJ.


MEMORANDUM OPINION


A jury found appellant Melvin Wayne Powell, Jr. a/k/a Melvin Powell guilty of possession of a controlled substance, and the trial court assessed punishment at fifteen years of imprisonment. Powell'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 April 2, 2009, we granted an extension of time for appellant to file a pro se brief. We received no response from appellant. We 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. AFFIRMED.

Appellant may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68.


Summaries of

Powell v. State

Court of Appeals of Texas, Ninth District, Beaumont
Aug 26, 2009
No. 09-08-00333-CR (Tex. App. Aug. 26, 2009)
Case details for

Powell v. State

Case Details

Full title:MELVIN WAYNE POWELL, JR. a/k/a MELVIN POWELL, Appellant v. THE STATE OF…

Court:Court of Appeals of Texas, Ninth District, Beaumont

Date published: Aug 26, 2009

Citations

No. 09-08-00333-CR (Tex. App. Aug. 26, 2009)