Brandon Gerald Curtis v. The State of Texas Appeal from 410th District Court of Montgomery County (memorandum opinion)

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In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-16-00457-CR ____________________ BRANDON GERALD CURTIS, Appellant V. THE STATE OF TEXAS, Appellee _______________________________________________________ ______________ On Appeal from the 410th District Court Montgomery County, Texas Trial Cause No. 16-04-04591-CR ________________________________________________________ _____________ MEMORANDUM OPINION A jury found Brandon Gerald Curtis (Curtis) guilty of attempted sexual assault of a child. See Tex. Penal Code Ann. § 15.01 (West 2011). The trial court assessed punishment at seven years and six months of confinement. Curtis’s appellate counsel filed a brief that presents counsel’s professional evaluation of the record and concludes that the appeal is frivolous and there are no meritorious claims for appeal. See Anders v. California, 386 U.S. 738 (1967); High 1 v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On May 15, 2017, we granted an extension of time for Curtis to file a pro se brief. We received no response from Curtis. We have independently 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. _________________________ LEANNE JOHNSON Justice Submitted on August 15, 2017 Opinion Delivered August 30, 2017 Do Not Publish Before McKeithen, C.J., Horton and Johnson, JJ. 1 Curtis may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68. 2

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