Opinion
No. 09-07-228 CR
Submitted on May 28, 2008.
Opinion Delivered June 11, 2008. DO NOT PUBLISH
On Appeal from the 359th District Court Montgomery County, Texas, Trial Cause No. 06-01-00493-CR.
Before GAULTNEY, KREGER, and HORTON, JJ.
MEMORANDUM OPINION
A jury found Jim Isaac Saddler guilty of possession of a controlled substance, cocaine, in an amount of four grams or more but less than 200 grams. See Tex. Health Safety Code Ann. § 481.115(d) (Vernon 2003). The trial court sentenced Saddler as a habitual offender to forty years of confinement in the Texas Department of Criminal Justice, Correctional Institutions Division. On appeal, Saddler's 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 February 21, 2008, we granted an extension of time for the 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. Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex.Crim.App. 2005); cf. Stafford v. State, 813 S.W.2d 503, 511 (Tex.Crim.App. 1991). We affirm the trial court's judgment. AFFIRMED.
Although the indictment spells the appellant's middle name "Issac" his signature appears in the record as "Jim Isaac Saddler, Jr."
Appellant may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68.