Court of Civil Appeals of Texas, 2006

Bobby Ray Carter v. State

Bobby Ray Carter v. State
Court of Civil Appeals of Texas · Decided March 15, 2006

Bobby Ray Carter v. State

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont



____________________



NO. 09-05-199 CR

____________________



BOBBY RAY CARTER, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 75th District Court

Liberty County, Texas

Trial Cause No. CR 24996




MEMORANDUM OPINION

A jury found Bobby Ray Carter guilty of possession of child pornography. Tex. Pen. Code Ann. § 43.26(a),(d) (Vernon 2003). The trial court sentenced Carter as an habitual offender to imprisonment for life. Tex. Pen. Code Ann. § 12.42(d) (Vernon Supp. 2005).

Carter'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); and High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On December 1, 2005, we granted an extension of time for Carter 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.

AFFIRMED.

___________________________

HOLLIS HORTON

Justice





Submitted on March 7, 2006

Opinion Delivered March 15, 2006

Do Not Publish



Before Gaultney, Kreger, and Horton, JJ.

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