David Shane Acosta v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: September 21, 2022
• Docket: 09-22-00071-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

________________ NO. 09-22-00071-CR ________________

DAVID SHANE ACOSTA, Appellant

V.

THE STATE OF TEXAS, Appellee ________________________________________________________________________

On Appeal from the 411th District Court Polk County, Texas Trial Cause No. 27427 ________________________________________________________________________

MEMORANDUM OPINION

In an open plea, Appellant David Shane Acosta pleaded guilty to the first-

degree felony offense of aggravated robbery. See Tex. Penal Code Ann. § 29.03.

After a sentencing hearing, the trial court sentenced Acosta to fifteen years of

incarceration.

Acosta’s appellate counsel filed an Anders brief that presents counsel’s

professional evaluation of the record and concludes that the appeal is

frivolous. See Anders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d

1 807 (Tex. Crim. App. 1978). On May 23, 2022, we granted an extension of time for

Acosta to file a pro se brief. We received no response from Acosta.

We 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.1

AFFIRMED.

________________________________ W. SCOTT GOLEMON Chief Justice

Submitted on August 29, 2022 Opinion Delivered September 21, 2022 Do Not Publish

Before Golemon, C.J., Kreger and Horton, JJ.

1Acosta may challenge our opinion in this case by filing a petition for discretionary review. See Tex. R. App. P. 68.1. 2