Brandon Rhodes v. State

• Court: Court of Appeals of Texas
• Decided: April 2, 2003
• Docket: 09-02-00484-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-02-484 CR

BRANDON RHODES, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause No. 86438

MEMORANDUM OPINION

Brandon Rhodes entered a non-negotiated guilty plea to an indictment for the third degree felony offense of evading detention with the use of a vehicle and as a second offense. See Tex. Pen. Code Ann. § 38.04 (b)(2) (Vernon 2003). The trial court convicted and sentenced Rhodes to eight years of confinement in the Texas Department of Criminal Justice, Institutional Division.

Appellate counsel filed a brief that concludes no arguable error is presented in this appeal. See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On December 19, 2002, Rhodes was given an extension of time in which to file a pro se brief. We received no response from the appellant. Because the appeal involves the application of well-settled principles of law, we deliver this memorandum opinion. See Tex. R. App. P. 47.4.

As there was no plea bargain agreement, we have jurisdiction over the appeal. Jack v. State, 871 S.W.2d 741 (Tex. Crim. App. 1994). It appears the appellant was duly admonished. Tex. Code Crim. Proc. Ann. art. 26.13 (Vernon 1989 & Supp. 2003). Rhodes signed a judicial confession and admitted his guilt in open court. The record does not support an arguable contest of the voluntariness of his guilty plea.

We have reviewed the clerk's and the reporter's records, and find no arguable error requiring us to order appointment of new counsel. Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). Accordingly, we affirm the trial court's judgment.

AFFIRMED.

PER CURIAM

Submitted on March 26, 2003

Opinion Delivered April 2, 2003

Do Not Publish

Before McKeithen, C.J., Burgess and Gaultney, JJ.