Jim Issac Saddler v. State ( 2008 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-07-228 CR ____________________

JIM ISSAC SADDLER, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 359th District Court Montgomery County, Texas Trial Cause No. 06-01-00493-CR

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MEMORANDUM OPINION

A jury found Jim Isaac Saddler guilty of possession of a controlled substance, cocaine, in an amount of four grams or more but less than 200 grams. ⁽¹⁾ See Tex. Health & Safety Code Ann. § 481.115(d) (Vernon 2003). The trial court sentenced Saddler as a habitual offender to forty years of confinement in the Texas Department of Criminal Justice, Correctional Institutions Division.

On appeal, Saddler'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 February 21, 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.

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HOLLIS HORTON

Justice

Submitted on May 28, 2008

Opinion Delivered June 11, 2008

Do Not Publish

Before Gaultney, Kreger, and Horton, JJ.

1. Although the indictment spells the appellant's middle name "Issac" his signature appears in the record as "Jim Isaac Saddler, Jr."

2.

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