Samuel Collette Jr. v. State

• Court: Court of Appeals of Texas
• Decided: April 13, 2016
• Docket: 09-15-00307-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-15-00307-CR ____________________

SAMUEL COLLETTE JR., Appellant

V.

THE STATE OF TEXAS, Appellee ________________________________________________________________________

On Appeal from the County Court at Law No. 2 Jefferson County, Texas Trial Cause No. 302496 ________________________________________________________________________

MEMORANDUM OPINION

A jury found Samuel Collette Jr. (Collette) guilty of driving while

intoxicated with an open container of alcohol. See Tex. Penal Code Ann.

§ 49.04(a), (c) (West Supp. 2015). The trial court sentenced Collette to 180 days in

jail, with credit for time served. Collette timely filed a notice of appeal.

Collette’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.

1 1978). We granted an extension of time for Collette to file a pro se brief. Collette

did not respond or file a pro se brief.

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. Compare Stafford v. State, 813

S.W.2d 503, 511 (Tex. Crim. App. 1991). We affirm the trial court’s judgment.1

AFFIRMED.

_________________________ LEANNE JOHNSON Justice

Submitted on April 7, 2016 Opinion Delivered April 13, 2016 Do Not Publish

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

1 Collette may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68. 2