Michael Wayne Starnes v. State

In The
Court of Appeals
Ninth District of Texas at Beaumont
________________
NO. 09-15-00407-CR
_________________
MICHAEL WAYNE STARNES, Appellant
V.
STATE OF TEXAS, Appellee
________________________________________________________________________
On Appeal from the 258th District Court
Polk County, Texas
Trial Cause No. 23,882
________________________________________________________________________
MEMORANDUM OPINION
On February 27, 2015, Michael Wayne Starnes was indicted for theft of
property, a Class C misdemeanor which was enhanced to a state jail felony due to
previous theft convictions. See Tex. Penal Code § 31.03(e)(4)(D) (West Supp.
2016).1 Trial began in this case on October 5, 2015. The jury found the evidence
sufficient to find Starnes guilty of the state jail felony offense of theft of property.
1
We cite to the current version of section 31.03(e)(4)(D), because the
amendment does not affect the outcome of this appeal.
1
After the punishment hearing, the jury rendered a verdict and sentenced Starnes to
two years confinement and a fine of $488.88. Starnes timely filed a notice of
appeal.
Starnes’s appellate 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 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App.
[Panel Op.] 1978). We granted an extension of time for Starnes to file a pro se
brief, but we received no response from him.
We have independently examined the entire appellate record in this matter,
and we agree that no arguable issues support an appeal. We have determined that
this appeal is wholly frivolous. 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.2
AFFIRMED.
______________________________
CHARLES KREGER
Justice
2
Starnes may challenge our decision in this case by filing a petition for
discretionary review. See Tex. R. App. P. 68.
2
Submitted on November 30, 2016
Opinion Delivered February 15, 2017
Do not publish
Before McKeithen, C.J., Kreger and Johnson, JJ.
3