In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-01-046 CR
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IRVING THOMAS, Appellant
V.
THE STATE OF TEXAS, Appellee
Jefferson County, Texas
Trial Cause No. 80765
A jury found Irving Thomas to be guilty of possession of a controlled substance, cocaine, in an amount less than one gram. See Tex. Health & Safety Code Ann. § 481.115(a) (Vernon Supp. 2001). Sequenced prior felony convictions alleged in the indictment raised the punishment range to that of a second degree felony. Tex. Pen. Code Ann. § 12.42(a)(2) (Vernon Supp. 2001). The jury assessed punishment at three years of confinement in the Texas Department of Criminal Justice, Institutional Division.
After appeal was perfected appellate counsel filed a brief in compliance with Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967), and High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). The brief concludes no arguable error which would support an appeal is presented, a conclusion with which we concur. On August 9, 2001, Thomas was given an extension of time in which to file a pro se brief if he so desired. As of this date, we have received no response from the appellant.
We have reviewed the clerk's record and the reporter's record, and find no arguable error requiring us to order appointment of new counsel. See Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). Accordingly, we affirm the judgment and sentence of the trial court.
AFFIRMED.
PER CURIAM
Submitted on November 21, 2001
Opinion Delivered November 28, 2001
Do Not Publish
Before Walker, C.J., Burgess and Gaultney, JJ.