Darrell Ray Yates v. State

In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-15-00447-CR ____________________

DARRELL RAY YATES, Appellant

V. THE STATE OF TEXAS, Appellee

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On Appeal from the 258th District Court San Jacinto County, Texas Trial Cause No. 11,484

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MEMORANDUM OPINION A jury found Darrell Ray Yates (Yates) guilty of injury to an elderly individual, and the trial court assessed punishment at five years of confinement. See Tex. Penal Code Ann. § 22.04 (West Supp. 2016). Yates timely filed a notice of appeal.

Yates’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). On September 2, 2016, we granted an extension of time for Yates to file a pro se brief. We received no response from Yates.

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. Cf. Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We affirm the trial court’s judgment.1

AFFIRMED.

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LEANNE JOHNSON

Justice Submitted on December 5, 2016 Opinion Delivered December 7, 2016 Do Not Publish Before McKeithen, C.J., Kreger and Johnson, JJ.