Jason Lewis Turner v. State ( 2009 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-08-00459-CR ____________________

JASON LEWIS TURNER, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 411th District Court San Jacinto County, Texas Trial Cause No. 9565

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MEMORANDUM OPINION

A jury found Jason Lewis Turner guilty of capital murder. Tex. Pen. Code Ann. § 19.03(a)(2) (Vernon Supp. 2008) (murder intentionally committed in the course of robbery). The State did not seek the death penalty and the trial court sentenced Turner to a term of life imprisonment without parole. Tex. Pen. Code Ann. § 12.31 (Vernon Supp. 2009); Tex. Code Crim. Proc. Ann. art. 37.071, § 1 (Vernon Supp. 2009).

On appeal, Turner'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 June 25, 2009, 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. Cf. 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 October 15, 2009

Opinion Delivered October 28, 2009

Do Not Publish

Before Gaultney, 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.