Jason Ray Tubbs v. State ( 2006 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-05-356 CR ____________________

JASON RAY TUBBS, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 163rd District Court Orange County, Texas Trial Cause No. B-050107-R

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MEMORANDUM OPINION

Jason Ray Tubbs entered a non-negotiated guilty plea to an indictment for the state jail felony offense of evading arrest. See Tex. Pen. Code Ann. § 38.04(a),(b)(1) (Vernon 2003). The trial court convicted Tubbs and sentenced him to two years of confinement in a state jail facility. The trial court certified that this is not a plea-bargain case and that 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); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On June 8, 2006, Tubbs 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 (Tex. Crim. App. 1994). The required admonishments appear in the record. See Tex. Code Crim. Proc. Ann. art. 26.13 (Vernon Supp. 2006). Tubbs signed a judicial confession. He has not contested 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). The trial court's judgment is affirmed. ⁽¹⁾

AFFIRMED.

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STEVE McKEITHEN

Chief Justice

Submitted on September 26, 2006

Opinion Delivered October 4, 2006

Do Not Publish

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

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