Philip Gerald Biquet v. State

In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-02-021 CR

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PHILIP GERALD BIQUET, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 258th District Court

Polk County, Texas

Trial Cause No. 16,254




MEMORANDUM OPINION

A jury found Philip Gerald Biquet to be guilty of driving while intoxicated, third offense. Tex. Pen. Code Ann. §§ 49.04, 49.09(b)(2) (Vernon Supp. 2002). After finding the defendant to be an habitual offender, the court assessed punishment at twenty-five years of confinement in the Texas Department of Criminal Justice, Institutional Division.



Appellate counsel filed a brief that concludes no arguable error is presented in this appeal. 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 August 1, 2002, Biquet was given an extension of time in which to file a pro se brief. We received no response from the appellant. Because the appeal involves the application of well-settled principles of law, we deliver this memorandum opinion. See Tex. R. App. P. 47.1.

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. Compare Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). The judgment is affirmed.

AFFIRMED.

PER CURIAM



Submitted on November 20, 2002

Opinion Delivered December 11, 2002

Do Not Publish



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