Owen Tate Emmett v. the State of Texas ( 2023 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-22-00185-CR
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OWEN TATE EMMETT, Appellant
V.
THE STATE OF TEXAS, Appellee
________________________________________________________________________
On Appeal from the 435th District Court
Montgomery County, Texas
Trial Cause No. 19-11-15408-CR
________________________________________________________________________
MEMORANDUM OPINION
Pursuant to a plea bargain agreement, Appellant Owen Emmett pleaded guilty
to injury to a child, a first-degree felony. See Tex. Penal Code Ann. § 22.04(a)(1).
The plea agreement provided for a maximum of 45 years imprisonment, allowed the
trial court to assess Appellant’s punishment, and permitted Appellant to appeal his
sentence. Following a hearing, the trial court sentenced Appellant to 40 years in the
1
Institutional Division of the Texas Department of Criminal Justice. This appeal
followed.
Emmett’s appellate counsel filed an Anders brief that presents counsel’s
professional evaluation of the record and concludes the appeal is frivolous; he also
filed a motion to withdraw as counsel. See Anders v. California, 386 U.S. 738(1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On October 4, 2022,
we notified Appellant of his right to file a pro se brief and notified him of the
deadline for doing so, but we received no response from Appellant. We have
reviewed the appellate record, and we agree with counsel’s conclusion that no
arguable issues support the 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.
________________________________
JAY WRIGHT
Justice
Submitted on January 27, 2023
Opinion Delivered March 15, 2023
Do Not Publish
Before Golemon, C.J., Johnson and Wright, JJ.
1
Appellant may challenge our decision in this case by filing a petition for
discretionary review. See Tex. R. App. P. 68.
2