Opinion
No. 09-09-00583-CR
Submitted on September 10, 2010.
Opinion Delivered September 22, 2010. DO NOT PUBLISH.
On Appeal from the 9th District Court Montgomery County, Texas, Trial Cause No. 08-11-10961 CR.
Before McKEITHEN, C.J., GAULTNEY and HORTON, JJ.
MEMORANDUM OPINION
The trial court convicted David Earl Cooksey, Jr. for burglary of a habitation with intent to commit aggravated sexual assault. See TEX. PEN. CODE ANN. § 30.02(d) (Vernon 2003). After Cooksey pled true to habitual offender enhancement allegations, the trial court assessed punishment at confinement for life in the Texas Department of Criminal Justice, Correctional Institutions Division. On appeal, Cooksey'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 July 1, 2010, we granted an extension of time for the appellant to file a pro se brief. Cooksey filed a pro se response in which he accepts responsibility and presents no argument that error occurred in the proceedings before the trial court. 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.2 AFFIRMED.