Chuck Allen Pierce v. State ( 2003 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-03-113 CR ____________________

CHUCK ALLEN PIERCE, Appellant

V.

THE STATE OF TEXAS, Appellee

---

On Appeal from the Criminal District Court Jefferson County, Texas Trial Cause No. 87315

---

MEMORANDUM OPINION ⁽¹⁾

Chuck Allen Pierce entered a non-negotiated guilty plea to an indictment for the State jail felony offense of unauthorized use of a motor vehicle. See Tex. Pen. Code Ann. § 31.07 (Vernon 2003). The trial court convicted and sentenced Pierce to seventeen months of confinement in the Texas Department of Criminal Justice, State Jail Division. The trial court certified that this is not a plea-bargain case, and the defendant has the right of appeal. See Tex. R. App. P. 25.2(d).

Appellate counsel filed a brief that 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 July 24, 2003, Pierce was given an extension of time in which to file a pro se brief. We received no response from the appellant.

As there was no plea bargain agreement, we have jurisdiction over the appeal. Jack v. State, 871 S.W.2d 741, 744 (Tex. Crim. App. 1994). It appears the appellant was duly admonished. Tex. Code Crim. Proc. Ann. art. 26.13 (Vernon Supp. 2004). Pierce signed a judicial confession and admitted his guilt in open court. He does not contest the voluntariness of his guilty plea.

We have reviewed the clerk's and the reporter's records, and find no arguable error requiring us to order appointment of new counsel. Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). Accordingly, we affirm the trial court's judgment.

AFFIRMED.

PER CURIAM

Submitted on November 18, 2003

Opinion Delivered December 3, 2003

Do Not Publish

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1.

See Tex. R. App. P. 47.4.