Court of Civil Appeals of Texas, 2008

John Arnold Desherlia v. State

John Arnold Desherlia v. State
Court of Civil Appeals of Texas · Decided February 13, 2008

John Arnold Desherlia v. State

Opinion

In The



Court of Appeals



Ninth District of Texas at Beaumont



______________________

NO. 09-06-296 CR

______________________

JOHN ARNOLD DESHERLIA, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal From the 260th District Court

Orange County, Texas

Trial Cause No. D-050420-R




MEMORANDUM OPINION

John Arnold Desherlia entered a non-negotiated guilty plea to the state jail felony offense of forgery. See Tex. Pen. Code Ann. § 32.21(d) (Vernon Supp. 2007). The trial court convicted and sentenced Desherlia to two years of confinement in a state jail facility of the Texas Department of Criminal Justice, Correctional Institutions Division.

On appeal, Desherlia'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 August 30, 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.

_________________________________

DAVID GAULTNEY

Justice



Submitted on February 5, 2008

Opinion Delivered February 13, 2008

Do not publish



Before McKeithen, C.J., Gaultney and Kreger, 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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