Earnest Ray Lemons v. State

• Court: Court of Appeals of Texas
• Decided: May 31, 2006
• Docket: 09-05-00264-CR
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-05-264 CR

EARNEST RAY LEMONS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 411th District Court

Polk County, Texas

Trial Cause No. 17804

MEMORANDUM OPINION

Earnest Ray Lemons entered a non-negotiated no contest plea to an indictment for the third degree felony offense of failure to register as a sex offender. See Tex. Code Crim. Proc. Ann. § 62.102 (b)(2) (Vernon Supp. 2005) (formerly Article 62.10 (b)(2)) ⁽¹⁾. Lemons pled true to habitual offender enhancement allegations. Tex. Pen. Code Ann. § 12.42(d) (Vernon Supp. 2005). The trial court convicted and sentenced Lemons to twenty-five years of confinement in the Texas Department of Criminal Justice, Correctional Institutions Division. The trial court certified that this is not a plea-bargain case, and the defendant has the right of appeal. See Tex. R. App. P. 25.2(d).

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); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On February 9, 2006, Lemons was given an extension of time in which to file a pro se brief. We received no response from the appellant.

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). The required admonishments appear in the record. See Tex. Code Crim. Proc. Ann. art. 26.13 (Vernon Supp. 2005). Lemons signed a stipulation of evidence and admitted his guilt in open court. He does not contest the voluntariness of his plea of no contest.

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

AFFIRMED.

____________________________

STEVE McKEITHEN

Chief Justice

Submitted on May 22, 2006

Opinion Delivered May 31, 2006

Do Not Publish

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

1.

Chapter 62 of the Texas Code of Criminal Procedure, the Texas Sex Offender Registration Program, was reenacted and amended effective September 1, 2005. See Act of May 26, 2005, 79th Leg., R.S., ch. 1008, § 1.01, 2005 Tex. Gen. Laws 3385. We cite to the current statute and parenthetically note the corresponding former article number.

2.

Appellant may challenge our decision in the case by filing a petition for discretionary review. See Tex. R. App. P. 68.