In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-06-149 CR
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TERRELL WILSON MCCARRELL a/k/a TERRELL MCCARRELL, Appellant
V.
THE STATE OF TEXAS, Appellee
Jefferson County, Texas
Trial Cause No. 76465
Appellant Terrell Wilson McCarrell, also known as Terrell McCarrell, pled no contest to possession of a controlled substance. The trial court deferred adjudicating McCarrell guilty, placed him on probation for ten years, and assessed a fine of $2,000.00. Subsequently, the State filed a motion to revoke probation, in which it alleged that McCarrell had violated the terms of his probation by providing a urine sample that showed the presence of metabolic byproducts of cocaine. McCarrell pled "true" to the allegation. The trial court revoked McCarrell's probation, adjudicated him guilty, and sentenced him to eight years of confinement.
McCarrell's appellate counsel filed a brief that presents counsel's professional evaluation of the record and concludes the appeal is frivolous. 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 24, 2006, we granted an extension of time for McCarrell to file a pro se brief. We have not received a pro se brief from the appellant.
We reviewed the appellate record, and we agree with counsel's conclusion that no arguable issues 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). We affirm the trial court's judgment. (1)
AFFIRMED.
HOLLIS HORTON
Justice
Submitted on November 28, 2006
Opinion Delivered December 6, 2006
Do Not Publish
Before McKeithen, C.J., Kreger and Horton, JJ.
1. Appellant may challenge our decision in this case by filing a petition for discretionary
review. See Tex. R. App. P. 68