Jacob Adam Chavez v. State

In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-13-00465-CR ____________________ JACOB ADAM CHAVEZ, Appellant V. THE STATE OF TEXAS, Appellee _______________________________________________________ ______________ On Appeal from the 221st District Court Montgomery County, Texas Trial Cause No. 12-09-09566 CR ________________________________________________________ _____________ MEMORANDUM OPINION In this appeal, court-appointed appellate counsel, who represents Jacob Adam Chavez, submitted a brief that contends no arguable grounds can be advanced in Chavez’s appeal. The judgment from which Chavez appeals reflects that he was convicted of aggravated robbery. Based on our review of the record, we agree that no arguable issues exist to support Chavez’s appeal. See Anders v. California, 386 U.S. 738, 744 (1967). 1 A jury found Chavez guilty of aggravated robbery, and following the punishment phase of his trial, found that he should serve a life sentence and pay a $10,000 fine. See Tex. Penal Code Ann. § 29.03(a)(2) (West 2011). On appeal, Chavez’s counsel filed a brief presenting counsel’s professional evaluation of the record; in the brief, Chavez’s counsel concludes that Chavez’s appeal is frivolous. See Anders, 386 U.S. at 744; High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). We granted an extension of time to allow Chavez to file a pro se brief. Chavez filed a response. After reviewing the appellate record, the Anders brief filed by Chavez’s counsel, and Chavez’s pro se response, we agree with counsel’s conclusion that any appeal would be frivolous. Consequently, we need not order the appointment of new counsel to re-brief Chavez’s appeal. Cf. Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We affirm the trial court’s judgment. 1 AFFIRMED. ________________________________ HOLLIS HORTON Justice Submitted on October 15, 2014 Opinion Delivered December 10, 2014 Do Not Publish Before Kreger, Horton and Johnson, JJ. 1 Chavez may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68. 2