Kenneth Key v. State

In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-02-222 CR

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KENNETH KEY, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 258th District Court

Polk County, Texas

Trial Cause No. 16,329-B




MEMORANDUM OPINION

A jury found Kenneth Key to be guilty of assault on a public servant. Tex. Pen. Code Ann. § 22.01 (a)(1),(b)(1) (Vernon Supp. 2003). After finding the defendant to be a repeat offender, the jury assessed punishment at sixteen 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 September 26, 2002, Key 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. 47.4.

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 January 2, 2003

Opinion Delivered January 15, 2003

Do Not Publish



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