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Bernard v. State

Court of Appeals of Texas, Ninth District, Beaumont
Aug 29, 2007
No. 09-06-227 CR (Tex. App. Aug. 29, 2007)

Opinion

No. 09-06-227 CR

Submitted on August 21, 2007.

Delivered and Filed August 29, 2007. DO NOT PUBLISH.

On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 86034.

Before MCKEITHEN, C.J., KREGER, and HORTON, JJ.


MEMORANDUM OPINION


Pursuant to a plea bargain, appellant John Lee Bernard pled guilty to forgery. The trial court assessed punishment at two years of confinement in a state jail facility, then suspended imposition of sentence, placed Bernard on community supervision for five years, and assessed a $300 fine. On February 27, 2006, the State filed a motion to revoke Bernard's community supervision. Bernard pled "true" to two violations of the terms of the community supervision order. The trial court found that Bernard violated the terms of the community supervision order, revoked Bernard's community supervision, and imposed a sentence of two years of confinement in a state jail facility. Bernard'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, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967); High v. State, 573 S.W.2d 807 (Tex.Crim.App. 1978). On April 26, 2007, we granted an extension of time for appellant to file a pro se brief. We received no response from the appellant. We reviewed the appellate record, and we agree with counsel's conclusion that no arguable issues support an appeal. 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. AFFIRMED.

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


Summaries of

Bernard v. State

Court of Appeals of Texas, Ninth District, Beaumont
Aug 29, 2007
No. 09-06-227 CR (Tex. App. Aug. 29, 2007)
Case details for

Bernard v. State

Case Details

Full title:JOHN LEE BERNARD, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Ninth District, Beaumont

Date published: Aug 29, 2007

Citations

No. 09-06-227 CR (Tex. App. Aug. 29, 2007)