Telley Moreland v. State

In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-05-190 CR

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TELLEY MORELAND, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 217th District Court

Angelina County, Texas

Trial Cause No. CR-25043




MEMORANDUM OPINION

A jury found Telley Moreland guilty of sexual assault of a child and assessed punishment at twenty years of imprisonment and a $6,875.00 fine. See Tex. Pen. Code Ann. § 22.011 (a)(2) (Vernon Supp. 2005).

Moreland'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 January 12, 2006, we granted an extension of time for Moreland to file a pro se brief. We received no response from the appellant.

We reviewed the appellate record, and 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). The judgment is affirmed. (1)

AFFIRMED.

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CHARLES KREGER

Justice





Submitted on May 22, 2006

Opinion Delivered May 31, 2006

Do Not Publish



Before Gaultney, Kreger and Horton, JJ.

1.

Appellant may challenge our decision in the case by filing a petition for discretionary review. See Tex. R. App. P. 68.