Lonnie Ray Long v. State

In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-02-053 CR

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LONNIE RAY LONG, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 284th District Court

Montgomery County, Texas

Trial Cause No. 00-10-06133 CR




MEMORANDUM OPINION

Lonnie Ray Long entered a non-negotiated no contest plea to an indictment for the third degree felony offense of deadly conduct involving the discharge of a firearm at two individuals. See Tex. Pen. Code Ann. § 22.05(b)(1) (Vernon 1994). The trial court convicted and sentenced Long to 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), and High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On August 1, 2002, Long 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.

As there was no plea bargain agreement, we have jurisdiction over the appeal. Jack v. State, 871 S.W.2d 741 (Tex. Crim. App. 1994). It appears the appellant was duly admonished. Tex. Code Crim. Proc. Ann. art. 26.13 (Vernon 1989 & Supp. 2002). Long signed a judicial confession. On appeal, he does not contest the voluntariness of his no contest plea. The State produced witnesses who testified that they saw the defendant shoot at them.

We have reviewed the clerk's and the reporter's records, and find no arguable error requiring us to order appointment of new counsel. Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). Accordingly, we affirm the trial court's judgment.

AFFIRMED.

PER CURIAM

Submitted November 20, 2002

Opinion Delivered November 27, 2002

Do Not Publish

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