Matthew Garza v. the State of Texas
This text of Matthew Garza v. the State of Texas (Matthew Garza v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In The
Court of Appeals
Ninth District of Texas at Beaumont
________________ NO. 09-23-00097-CR ________________
MATTHEW GARZA, Appellant
V.
THE STATE OF TEXAS, Appellee
________________________________________________________________________
On Appeal from the 359th District Court Montgomery County, Texas Trial Cause No. 22-12-16397-CR ________________________________________________________________________
MEMORANDUM OPINION
Appellant Garza was convicted of possessing more than one gram but less
than four grams of methamphetamine, a third-degree felony. Tex. Health & Safety
Code Ann. § 481.115(c). Because Garza’s sentence was enhanced by two previous
felony convictions, the trial court sentenced Garza to life imprisonment in the
Institutional Division of the Texas Department of Criminal Justice.
1 Garza’s appellate counsel filed an Anders brief that presents counsel’s
professional evaluation of the record and concludes the appeal is frivolous; he then
filed a motion to withdraw as counsel. See Anders v. California, 386 U.S. 738
(1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On August 23, 2023,
we notified Appellant of his right to file a pro se brief and notified him of the
deadline for doing so, but Appellant did not file a pro se brief. We have 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.
JAY WRIGHT Justice
Submitted on December 28, 2023 Opinion Delivered January 17, 2024 Do Not Publish
Before Horton, Johnson and Wright, JJ.
1 Appellant may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68. 2
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