Samuel Collette Jr. v. State

In The

Court of Appeals

Ninth District of Texas at Beaumont ____________________

NO. 09-15-00307-CR ____________________

SAMUEL COLLETTE JR., Appellant

V.

THE STATE OF TEXAS, Appellee ________________________________________________________________________ On Appeal from the County Court at Law No. 2 Jefferson County, Texas

Trial Cause No. 302496 ________________________________________________________________________ MEMORANDUM OPINION

A jury found Samuel Collette Jr. (Collette) guilty of driving while intoxicated with an open container of alcohol. See Tex. Penal Code Ann. § 49.04(a), (c) (West Supp. 2015). The trial court sentenced Collette to 180 days in jail, with credit for time served. Collette timely filed a notice of appeal.

Collette’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 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). We granted an extension of time for Collette to file a pro se brief. Collette did not respond or file a pro se brief.

We have independently examined the entire appellate record in this matter, and we agree that no arguable issues support an appeal. We have determined that this appeal is wholly frivolous. 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.

_________________________ LEANNE JOHNSON Justice

Submitted on April 7, 2016

Opinion Delivered April 13, 2016

Do Not Publish

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