Joshua Tremaine Shaw v. The State of Texas Appeal from 163rd District Court of Orange County (memorandum opinion)
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In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-16-00096-CR _________________ JOSHUA TREMAINE SHAW, Appellant V. THE STATE OF TEXAS, Appellee ________________________________________________________________________ On Appeal from the 163rd District Court Orange County, Texas Trial Cause No. B150503-R ________________________________________________________________________ MEMORANDUM OPINION Joshua Tremaine Shaw was indicted for aggravated robbery, a first degree felony. See Tex. Penal Code § 29.03 (West 2011). On February 19, 2016, Shaw waived his right to a jury trial and pleaded guilty to the offense as charged. On March 23, 2016, the matter proceeded to the trial court for sentencing. After hearing evidence, the trial court accepted Shaw’s plea of guilty and assessed his punishment at thirty-three years of confinement in the Texas Department of Criminal Justice 1 Institutional Division. On the same day, the trial court certified Shaw’s right to appeal and appointed Shaw appellate counsel. Shaw timely filed a notice of appeal. Shaw’s appellate counsel subsequently 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). Upon receipt of the Anders brief, we granted an extension of time for Shaw to file a pro se brief, but we received no additional brief from him. This court has independently examined the entire appellate record in this matter, and we agree that no arguable issues support an appeal. We have determined that any appeal would be 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.1 AFFIRMED. ______________________________ CHARLES KREGER Justice 1 Shaw may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68. 2 Submitted on December 29, 2016 Opinion Delivered June 21, 2017 Do Not Publish Before McKeithen, C.J., Kreger and Johnson, JJ. 3
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