Christopher Lee Musslewhite v. The State of Texas Appeal from 1A District Court of Jasper County (memorandum opinion by chief justice mckeithen)

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In The Court of Appeals Ninth District of Texas at Beaumont ________________ NO. 09-15-00453-CR ________________ CHRISTOPHER LEE MUSSLEWHITE, Appellant V. THE STATE OF TEXAS, Appellee __________________________________________________________________ On Appeal from the 1A District Court Jasper County, Texas Trial Cause No. 12240JD __________________________________________________________________ MEMORANDUM OPINION A jury found appellant Christopher Lee Musslewhite guilty of burglary of a building, and the trial court assessed punishment at fifteen years of confinement and a fine of $1000. 1 Musslewhite’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. 1 The trial court punished Musslewhite as an habitual felony offender. 1 Crim. App. 1978). On July 28, 2016, we granted an extension of time for Musslewhite to file a pro se brief. We received no response from Musslewhite. 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. Cf. Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We affirm the trial court’s judgment.2 AFFIRMED. ________________________________ STEVE McKEITHEN Chief Justice Submitted on October 28, 2016 Opinion Delivered November 16, 2016 Do Not Publish Before McKeithen, C.J., Kreger and Horton, JJ. 2 Musslewhite may challenge our decision in this case by filing a petition for discretionary review.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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