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Gluyas v. State

Court of Appeals of Texas, Ninth District, Beaumont
Jun 11, 2008
No. 09-07-496 CR (Tex. App. Jun. 11, 2008)

Opinion

No. 09-07-496 CR

Submitted on May 28, 2008.

Opinion Delivered June 11, 2008. DO NOT PUBLISH

On Appeal from the 221st District Court Montgomery County, Texas, Trial Cause No. 06-05-04470-CR.

Before McKEITHEN, C.J., GAULTNEY and KREGER, JJ.


MEMORANDUM OPINION


A jury found Russell Earl Gluyas guilty of aggravated sexual assault of a child. See Tex. Pen. Code Ann. § 22.021(a)(1)(B), (2)(B) (Vernon Supp. 2007). The trial court sentenced Gluyas to thirty years of confinement in the Texas Department of Criminal Justice, Correctional Institutions Division. On appeal, Gluyas'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 February 21, 2008, 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. Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex.Crim.App. 2005); cf. Stafford v. State, 813 S.W.2d 503, 511 (Tex.Crim.App. 1991). We affirm the trial court's judgment. AFFIRMED.

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


Summaries of

Gluyas v. State

Court of Appeals of Texas, Ninth District, Beaumont
Jun 11, 2008
No. 09-07-496 CR (Tex. App. Jun. 11, 2008)
Case details for

Gluyas v. State

Case Details

Full title:RUSSELL EARL GLUYAS, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Ninth District, Beaumont

Date published: Jun 11, 2008

Citations

No. 09-07-496 CR (Tex. App. Jun. 11, 2008)