                                     In The

                               Court of Appeals
                   Ninth District of Texas at Beaumont
                          ____________________
                             NO. 09-15-00447-CR
                          ____________________

                     DARRELL RAY YATES, Appellant

                                       V.

                      THE STATE OF TEXAS, Appellee
________________________________________________________________________

                   On Appeal from the 258th District Court
                         San Jacinto County, Texas
                          Trial Cause No. 11,484
________________________________________________________________________

                         MEMORANDUM OPINION

      A jury found Darrell Ray Yates (Yates) guilty of injury to an elderly

individual, and the trial court assessed punishment at five years of confinement.

See Tex. Penal Code Ann. § 22.04 (West Supp. 2016). Yates timely filed a notice

of appeal.

      Yates’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). On September 2, 2016, we granted an extension of time for Yates to file a

pro se brief. We received no response from Yates.

      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.1

      AFFIRMED.

                                                    _________________________
                                                       LEANNE JOHNSON
                                                             Justice


Submitted on December 5, 2016
Opinion Delivered December 7, 2016
Do Not Publish

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




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