Terrell Wilson McCarrell A/K/A Terrell McCarrell v. State ( 2006 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-06-149 CR ____________________

TERRELL WILSON MCCARRELL a/k/a TERRELL MCCARRELL, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 76465

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MEMORANDUM OPINION

Appellant Terrell Wilson McCarrell, also known as Terrell McCarrell, pled no contest to possession of a controlled substance. The trial court deferred adjudicating McCarrell guilty, placed him on probation for ten years, and assessed a fine of $2,000.00. Subsequently, the State filed a motion to revoke probation, in which it alleged that McCarrell had violated the terms of his probation by providing a urine sample that showed the presence of metabolic byproducts of cocaine. McCarrell pled "true" to the allegation. The trial court revoked McCarrell's probation, adjudicated him guilty, and sentenced him to eight years of confinement.

McCarrell'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, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On August 24, 2006, we granted an extension of time for McCarrell to file a pro se brief. We have not received a pro se brief from the 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. Compare Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We affirm the trial court's judgment. ⁽¹⁾

AFFIRMED.

HOLLIS HORTON

Justice

Submitted on November 28, 2006

Opinion Delivered December 6, 2006

Do Not Publish

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

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

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