Opinion
NO. 09-15-00447-CR
12-07-2016
DARRELL RAY YATES, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 258th District Court San Jacinto County, Texas
Trial Cause No. 11,484
MEMORANDUM OPINION
A jury found Darrell Ray Yates (Yates) guilty of injury to an elderly individual, and the trial court assessed punishment at five years of confinement. See Tex. Penal Code Ann. § 22.04 (West Supp. 2016). Yates timely filed a notice of appeal.
Yates'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). On September 2, 2016, we granted an extension of time for Yates to file a pro se brief. We received no response from Yates.
We have independently examined the entire appellate record in this matter, and we agree that no arguable issues support an appeal. We have determined that this appeal is wholly frivolous. 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.
Yates may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68. --------
AFFIRMED.
/s/_________
LEANNE JOHNSON
Justice Submitted on December 5, 2016
Opinion Delivered December 7, 2016
Do Not Publish Before McKeithen, C.J., Kreger and Johnson, JJ.