Ray Burton v. State of Texas

In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-00-303 CR

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RAY BURTON, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause No. 79720




OPINION

A jury found Ray Burton to be guilty of burglary of a habitation. After Burton pleaded "true" to a repeat offender allegation, the trial court assessed punishment at confinement in the Texas Department of Criminal Justice, Institutional Division, for twenty years.



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 May 17, 2001, Burton 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 September 5, 2001

Opinion Delivered September 12, 2001

Do Not Publish



Before Walker, C.J., Burgess and Gaultney, JJ.