Billy Wayne Gilliland v. State

Court of Appeals of Texas·Decided October 24, 2018·No. 09-18-00073-CR·Published

Opinion

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.

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Submitted on October 11, 2018 Opinion Delivered October 24, 2018 Do Not Publish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.

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Related

Anders v. California
386 U.S. 738 (Supreme Court, 1967)
Stafford v. State
813 S.W.2d 503 (Court of Criminal Appeals of Texas, 1991)
High v. State
573 S.W.2d 807 (Court of Criminal Appeals of Texas, 1978)