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Date: 02-15-2017

Case Style:

Michael Wayne Starnes v. The State of Texas

Case Number: 09-15-00407-CR

Judge: Charles Kreger

Court: In The Court of Appeals Ninth District of Texas at Beaumont

Plaintiff's Attorney:

William Lee Hon

Defendant's Attorney:

Jennifer Bergman
Michael Wayne Starnes
.

Description: 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.
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.

Outcome:

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. We affirm the trial court’s judgment.

Plaintiff's Experts:

Defendant's Experts:

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