David Shane Acosta v. the State of Texas ( 2022 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-22-00071-CR
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DAVID SHANE ACOSTA, Appellant
V.
THE STATE OF TEXAS, Appellee
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On Appeal from the 411th District Court
Polk County, Texas
Trial Cause No. 27427
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MEMORANDUM OPINION
In an open plea, Appellant David Shane Acosta pleaded guilty to the first-
degree felony offense of aggravated robbery. See Tex. Penal Code Ann. § 29.03.
After a sentencing hearing, the trial court sentenced Acosta to fifteen years of
incarceration.
Acosta’s appellate counsel filed an Anders brief that presents counsel’s
professional evaluation of the record and concludes that the appeal is
frivolous. See Anders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d
1
807 (Tex. Crim. App. 1978). On May 23, 2022, we granted an extension of time for
Acosta to file a pro se brief. We received no response from Acosta.
We reviewed the appellate record, and we agree with counsel’s conclusion
that no arguable issues support the appeal. 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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W. SCOTT GOLEMON
Chief Justice
Submitted on August 29, 2022
Opinion Delivered September 21, 2022
Do Not Publish
Before Golemon, C.J., Kreger and Horton, JJ.
1Acosta may challenge our opinion in this case by filing a petition for
discretionary review. See Tex. R. App. P. 68.1.
2