Opinion
NO. 09-13-00408-CR
09-17-2014
ERNEST JOE BILNOSKI, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 221st District Court Montgomery County, Texas
Trial Cause No. 13-07-07790 CR
MEMORANDUM OPINION
A jury found appellant Ernest Joe Bilnoski guilty of arson as a habitual felony offender and assessed punishment at forty-five years of imprisonment. Bilnoski'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).
Bilnoski 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 Anders briefs or pro se responses. Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). Rather, an appellate court may determine either: (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 have 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. Compare Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We affirm the trial court's judgment.
Bilnoski 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 August 22, 2014
Opinion Delivered September 17, 2014
Do Not Publish
Before McKeithen, C.J., Kreger and Johnson, JJ.