Jose Luis Parra-Telles ⁽¹⁾ entered a non-negotiated guilty plea to the third degree felony offense of driving while intoxicated. See Tex. Pen. Code Ann. § 49.04 (Vernon 2003). Parra-Telles stipulated to the trial court's jurisdiction but pled untrue to the State's habitual offender enhancement allegations. The State introduced evidence of five additional convictions, including a 1994 conviction and prison sentence for driving while intoxicated and a 2000 conviction and prison sentence for illegal reentry following deportation. After convicting Parra-Telles and finding the State's enhancement allegations to be true, the trial court sentenced Parra-Telles as an habitual offender to thirty-five years of confinement in the Texas Department of Criminal Justice, Correctional Institutions Division. Tex. Pen. Code. Ann. § 12.42 (d) (Vernon Supp. 2008).

On appeal, Parra-Telles'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 October 23, 2008, 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. ⁽²⁾

AFFIRMED.

____________________________

HOLLIS HORTON

Justice

Submitted on February 11, 2009

Opinion Delivered February 25, 2009

Do Not Publish

Before McKeithen, C.J., Gaultney and Horton, JJ.

1. The judgment states the appellant's name is "Jose Luis Parra-Tellez" and that he is also known as "Jorge Bermeo-Telles."

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