Jessie Lee Burks v. State ( 2008 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-07-212 CR ____________________

JESSIE LEE BURKS, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 260th District Court Orange County, Texas Trial Cause No. D-070066-R

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MEMORANDUM OPINION

Jessie Lee Burks entered a non-negotiated guilty plea to the first degree felony offense of aggravated robbery. See Tex. Pen. Code Ann. § 29.03(a)(3)(A), (b) (Vernon 2003). The trial court convicted Burks, assessed punishment at twenty years of confinement in the Texas Department of Criminal Justice, Correctional Institutions Division, and cumulated the sentence with a sentence imposed in another case on an earlier date.

On appeal, Burks'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 October 11, 2007, 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. ⁽¹⁾  

AFFIRMED.

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HOLLIS HORTON

Justice

Submitted on February 5, 2008

Opinion Delivered February 13, 2008

Do Not Publish

Before McKeithen, C.J., Gaultney 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.