Gary Lynn Harrington v. The State of Texas Appeal from Criminal District Court of Jefferson County (memorandum opinion by chief justice mckeithen)

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In The Court of Appeals Ninth District of Texas at Beaumont ________________ NO. 09-15-00168-CR ________________ GARY LYNN HARRINGTON, Appellant V. THE STATE OF TEXAS, Appellee ____________________________________________________________________ On Appeal from the Criminal District Court Jefferson County, Texas Trial Cause No. 14-20480 ____________________________________________________________________ MEMORANDUM OPINION After a bench trial, the trial court found appellant Gary Lynn Harrington guilty of injury to a disabled individual and assessed punishment at ten years of confinement. Harrington appealed the judgment of conviction. Harrington’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. 1978). On August 28, 2015, we granted an extension of time for 1 Harrington to file a pro se brief. We received no response from Harrington. We have 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. Compare Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We affirm the trial court’s judgment. 1 AFFIRMED. ________________________________ STEVE McKEITHEN Chief Justice Submitted on November 30, 2015 Opinion Delivered January 27, 2016 Do Not Publish Before McKeithen, C.J., Kreger and Horton, JJ. 1 Harrington may challenge our decision in this case by filing a petition for discretionary review.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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