Edmund Wayne Leach v. The State of Texas--Appeal from 284th District Court of Montgomery County

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In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-10-00153-CR ____________________ EDMUND WAYNE LEACH, Appellant V. THE STATE OF TEXAS, Appellee ___________________________________________________________ On Appeal from the 284th District Court Montgomery County, Texas Trial Cause No. 10-02-01006 CR _____________________________________________________________ _________ ________ MEMORANDUM OPINION Appellant Edmund Wayne Leach appeals his conviction on his open plea of guilty to aggravated assault, with a deadly weapon, of a family member. After accepting Leach s plea, the trial court sentenced Leach to fifteen years of confinement in the Texas Department of Criminal Justice Institutional Division. Leach 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, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967); High v. State, 573 S.W.2d 807 1 (Tex. Crim. App. 1978). On March 3, 2011, we granted an extension of time for 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. Compare Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We affirm the trial court s judgment. AFFIRMED. ________________________________ DAVID GAULTNEY Justice Submitted on June 21, 2011 Opinion Delivered June 29, 2011 Do Not Publish Before Gaultney, Kreger, and Horton, JJ. 2

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