Billy Wayne Gilliland v. State

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.

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Submitted on October 11, 2018 Opinion Delivered October 24, 2018 Do Not Publish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