Michael Wayne Starnes v. State

• Court: Texas Supreme Court
• Decided: February 15, 2017
• Docket: 09-15-00407-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ________________ NO. 09-15-00407-CR _________________

MICHAEL WAYNE STARNES, Appellant

V.

STATE OF TEXAS, Appellee ________________________________________________________________________

On Appeal from the 258th District Court Polk County, Texas Trial Cause No. 23,882 ________________________________________________________________________

MEMORANDUM OPINION

On February 27, 2015, Michael Wayne Starnes was indicted for theft of

property, a Class C misdemeanor which was enhanced to a state jail felony due to

previous theft convictions. See Tex. Penal Code § 31.03(e)(4)(D) (West Supp.

2016).1 Trial began in this case on October 5, 2015. The jury found the evidence

sufficient to find Starnes guilty of the state jail felony offense of theft of property.

1 We cite to the current version of section 31.03(e)(4)(D), because the amendment does not affect the outcome of this appeal. 1 After the punishment hearing, the jury rendered a verdict and sentenced Starnes to

two years confinement and a fine of $488.88. Starnes timely filed a notice of

appeal.

Starnes’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.

[Panel Op.] 1978). We granted an extension of time for Starnes to file a pro se

brief, but we received no response from him.

We have independently examined the entire appellate record in this matter,

and we agree that no arguable issues support an appeal. We have determined that

this appeal is wholly frivolous. 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.2

AFFIRMED.

______________________________ CHARLES KREGER Justice

2 Starnes may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68. 2 Submitted on November 30, 2016 Opinion Delivered February 15, 2017 Do not publish

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