Billy Wayne Gilliland v. The State of Texas Appeal from 253rd District Court of Liberty County (memorandum opinion)

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In The Court of Appeals Ninth District of Texas at Beaumont ________________ NO. 09-18-00073-CR ________________ BILLY WAYNE GILLILAND, Appellant V. THE STATE OF TEXAS, Appellee ________________________________________________________________________ On Appeal from the 253rd District Court Liberty County, Texas Trial Cause No. CR33359 ________________________________________________________________________ MEMORANDUM OPINION A jury found appellant Billy Wayne Gilliland guilty as an habitual offender of evading arrest or detention with a vehicle and assessed punishment at confinement for life. Gilliland appealed his conviction. Gilliland’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. 1 1978). On June 25, 2018, we granted an extension of time for Gilliland to file a pro se brief. We received no response from Gilliland. 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. Cf. 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STEVE McKEITHEN Chief Justice Submitted on October 11, 2018 Opinion Delivered October 24, 2018 Do Not Publish Before McKeithen, C.J., Kreger and Johnson, JJ. 1 Gilliland may challenge our decision in this case by filing a petition for discretionary review.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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