In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-08-00333-CR
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MELVIN WAYNE POWELL, JR. a/k/a MELVIN POWELL, Appellant
V.
THE STATE OF TEXAS, Appellee
Jefferson County, Texas
Trial Cause No. 99941
MEMORANDUM OPINION
A jury found appellant Melvin Wayne Powell, Jr. a/k/a Melvin Powell guilty of possession of a controlled substance, and the trial court assessed punishment at fifteen years of imprisonment.
Powell'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 April 2, 2009, we granted an extension of time for appellant to file a pro se brief. We received no response from 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.
STEVE McKEITHEN
Chief Justice
Submitted on August 11, 2009
Opinion Delivered August 26, 2009
Do Not Publish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.