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Duncanson v. State

Court of Appeals of Texas, Ninth District, Beaumont
Apr 20, 2022
No. 09-21-00059-CR (Tex. App. Apr. 20, 2022)

Opinion

09-21-00059-CR

04-20-2022

JAMES RAY DUNCANSON, Appellant v. THE STATE OF TEXAS, Appellee


DO NOT PUBLISH

Submitted on February 23, 2022

On Appeal from the 52nd District Court Coryell County, Texas Trial Cause No. 19-25491

Before Kreger, Horton and Johnson, JJ.

MEMORANDUM OPINION

CHARLES KREGER, JUSTICE

In an open plea, appellant James Ray Duncanson pleaded guilty to prostitution solicitation of a person under 18 years old. Tex. Penal Code Ann. § 43.02(c-1). After conducting a sentencing hearing, the trial court assessed Duncanson's punishment at five years incarceration in the Texas Department of Criminal Justice, Institutional Division.

This case was transferred to this Court from the Tenth Court of Appeals in Waco, Texas, pursuant to a docket equalization order. See Tex. Gov't Code Ann. § 73.001.

Duncanson's appellate counsel filed an Anders brief that presents counsel's professional evaluation of the record and concludes that 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 7, 2021, we granted an extension of time for Duncanson to file a pro se brief. We received no response from Duncanson.

We reviewed the appellate record, and we agree with counsel's conclusion that no arguable issues support the appeal. 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.

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

AFFIRMED.


Summaries of

Duncanson v. State

Court of Appeals of Texas, Ninth District, Beaumont
Apr 20, 2022
No. 09-21-00059-CR (Tex. App. Apr. 20, 2022)
Case details for

Duncanson v. State

Case Details

Full title:JAMES RAY DUNCANSON, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Apr 20, 2022

Citations

No. 09-21-00059-CR (Tex. App. Apr. 20, 2022)