Sebastion Eleazar Perkins v. the State of Texas

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-23-00333-CR
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SABASTION ELEAZAR PERKINS, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 356th District Court
Hardin County, Texas
Trial Cause No. 27654
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MEMORANDUM OPINION

Appellant Sabastion Eleazar Perkins was charged with sexual assault, a

second-degree felony. See Tex. Penal Code Ann. § 22.011. A jury found Perkins

guilty and assessed his punishment at sixteen years of confinement. This appeal

followed.

Perkins’s appellate counsel filed an Anders brief that presents counsel’s

professional evaluation of the record and concludes the appeal is frivolous. See

1
Anders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex.

Crim. App. 1978). After Perkins’s counsel filed his brief, we granted an extension

of time for Perkins to file a pro se response. Perkins has not filed a response.

Upon receiving an Anders brief, this Court must conduct a full examination

of the record to determine whether the appeal is wholly frivolous. Penson v. Ohio,

488 U.S. 75, 80 (1988) (citing Anders, 386 U.S. at 744). We have reviewed the entire

appellate record and counsel’s brief and have found no reversible error, and we

conclude the appeal is wholly frivolous. See Bledsoe v. State, 178 S.W.3d 824, 827-

28 (Tex. Crim. App. 2005). 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 June 6, 2024
Opinion Delivered July 24, 2024
Do Not Publish

Before Golemon, C.J., Wright and Chambers, JJ.

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