Phillip Paul Muniz v. State ( 2005 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-04-203 CR ____________________

PHILLIP PAUL MUNIZ, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the County Court at Law No. 3 Montgomery County, Texas Trial Cause No. 03-183635

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MEMORANDUM OPINION

A jury found Phillip Paul Muniz guilty of driving while intoxicated. Tex. Pen. Code Ann. § 49.04 (a), (b) (Vernon 2003). The jury assessed punishment for the Class B misdemeanor offense at 90 days of jail confinement and a $1,000 fine. Tex. Pen. Code. Ann. § 12.22 (Vernon 2003).

The brief filed by Muniz's appellate counsel concludes no arguable error is presented in this appeal. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967), and High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On May 19, 2005, we granted an extension of time for Muniz to file a pro se brief. We received no response from the appellant.

We have reviewed the entire record, and find no error that will arguably support an appeal. 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). The judgment is affirmed.

AFFIRMED.

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STEVE McKEITHEN

Chief Justice

Submitted on October 10, 2005

Opinion Delivered November 16, 2005

Do Not Publish

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