Opinion
No. 09-09-00030-CR
Submitted on September 17, 2010.
Opinion Delivered October 6, 2010. DO NOT PUBLISH.
On Appeal from the 1-A District Court, Newton County, Texas, Trial Cause No. ND 5852.
Before McKEITHEN, C.J., KREGER and HORTON, JJ.
MEMORANDUM OPINION
A jury found Michael O'Neal Sutton guilty of attempted aggravated assault on a public servant. See TEX. PEN. CODE ANN. § 15.01 (Vernon 2003); see also TEX. PEN. CODE ANN. § 22.02(a)(2), (b)(2)(B) (Vernon Supp. 2009). The jury made an affirmative finding that Sutton used a deadly weapon. In punishment, the jury found Sutton to be an habitual offender and assessed a sentence of sixty years. On appeal, Sutton'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 June 17, 2010, we granted an extension of time for the appellant to file a pro se brief. Sutton has not filed a response. 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.
Appellant may challenge our decision in this case by filing a petition for discretionary review. See TEX. R. APP. P. 68.