Court of Civil Appeals of Texas, 2007

John Leslie Low v. State

John Leslie Low v. State
Court of Civil Appeals of Texas · Decided August 1, 2007

John Leslie Low v. State

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont

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NO. 09-06-512 CR

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JOHN LESLIE LOW, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 9th District Court

Montgomery County, Texas

Trial Cause No. 05-05-04629-CR




MEMORANDUM OPINION

John Leslie Low entered a non-negotiated guilty plea to the second degree felony offense of aggravated assault causing serious bodily injury. See Act of May 28, 2003, 78th Leg., R.S., ch. 1019, § 3, 2003 Tex. Gen. Laws 2963, amended by Act of May 27, 2005, 79th Leg., R.S., ch. 788, § 3, 2005 Tex. Gen. Laws 2709 (current version at Tex. Pen. Code Ann. § 22.02(a)(1) (Vernon Supp. 2006)); Tex. Pen. Code Ann. § 12.33 (Vernon 2003). The trial court convicted Low and imposed a sentence of twenty years of confinement in the Texas Department of Criminal Justice Correctional Institutions Division.

On appeal, Low's 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 March 29, 2007, we granted an extension of time for the 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. Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005); cf. 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 July 2, 2007

Opinion Delivered August 1, 2007

Do Not Publish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.

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