Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-04-457 CR
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ETOYLE RIGSBY, Appellant
V.
THE STATE OF TEXAS, Appellee
Angelina County, Texas
Trial Cause No. 24121
A jury found Etoyle Rigsby guilty of evading detention. Tex. Pen. Code Ann. § 38.04(b)(1) (Vernon 2003). After the defendant pleaded "true" to being a habitual felony offender, the jury assessed punishment at six years of confinement in the Texas Department of Criminal Justice, Institutional Division. Tex. Pen. Code Ann. § 12.42 (a)(1) (Vernon Supp. 2005).
The brief filed by Rigsby's appellate counsel 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 February 3, 2005, we granted an extension of time for Rigsby to file a pro se brief. We received no response from the appellant.
We have reviewed the entire record, and find no error that will arguably support an appeal. Therefore, we find it unnecessary to order appointment of new counsel to re-brief the appeal. Compare Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). The judgment is affirmed.
AFFIRMED.
PER CURIAM
Submitted on May 31, 2005
Opinion Delivered July 13, 2005
Do Not Publish
Before McKeithen, C.J., Gaultney and Horton, JJ.
1. Tex. R. App. P. 47.4.