Alfred Lynn Gallander v. State ( 2015 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-14-00423-CR
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ALFRED LYNN GALLANDER, Appellant
V.
THE STATE OF TEXAS, Appellee
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On Appeal from the 253rd District Court
Liberty County, Texas
Trial Cause No. CR30821
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MEMORANDUM OPINION
In this appeal, Alfred Lynn Gallander’s court-appointed counsel filed a brief
contending no arguable grounds can be advanced to support reversing Gallander’s
felony conviction of burglary of a building. Based on our review of the record, we
agree with Gallander’s counsel that no arguable issues exist that would support a
decision to reverse the judgment being appealed. See Anders v. California, 386
U.S. 738 (1967).
1
A jury found Gallander guilty of burglary of a building, a state jail felony.
Following the punishment phase of Gallander’s trial, the jury determined that
Gallander should serve a two-year sentence and assessed a $5,000 fine. See Tex.
Penal Code Ann. § 30.02(a)(1), (c)(1) (West 2011). On appeal, Gallander’s counsel
filed a brief presenting counsel’s professional evaluation of the record; in the brief,
Gallander’s counsel concludes that any appeal would be frivolous. See Anders, 386
U.S. at 744; High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). We granted an
extension of time to allow Gallander to file a pro se brief; however, Gallander has
not filed a response.
After reviewing the appellate record and the Anders brief filed by
Gallander’s counsel, we agree with counsel’s conclusion that any appeal would be
frivolous. Therefore, we need not order the appointment of new counsel to re-brief
Gallander’s 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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HOLLIS HORTON
Justice
Submitted on July 31, 2015
Opinion Delivered November 18, 2015
Do Not Publish
Before McKeithen, C.J., Kreger and Horton, JJ.
1
Gallander may challenge our decision in this case by filing a petition for
discretionary review. See Tex. R. App. P. 68.
2