From Casetext: Smarter Legal Research

Curtis v. State

Court of Appeals of Texas, Ninth District, Beaumont
Feb 28, 2007
No. 09-06-224 CR (Tex. App. Feb. 28, 2007)

Opinion

No. 09-06-224 CR

February 13, 2007.

February 28, 2007. DO NOT PUBLISH.

On Appeal from the 252nd District Court, Jefferson County, Texas, Trial Cause No. 90754.

Before GAULTNEY, KREGER and HORTON, JJ.


MEMORANDUM OPINION


Pursuant to a plea bargain, appellant Cody Dwayne Curtis pled guilty to sexual assault of a child. The trial court found the evidence sufficient to find Curtis guilty, but deferred further proceedings, placed Curtis on probation for seven years, assessed a fine of $1,000, and ordered Curtis to serve one hundred twenty days of "up front" time. On March 31, 2006, the State filed a motion to revoke Curtis's unadjudicated probation. Curtis pled "true" to two violations of the conditions of his probation. The trial court found that Curtis violated the conditions of his probation, found Curtis guilty of sexual assault of a child, and assessed punishment at fifteen years of imprisonment.Curtis'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). 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

Curtis v. State

Court of Appeals of Texas, Ninth District, Beaumont
Feb 28, 2007
No. 09-06-224 CR (Tex. App. Feb. 28, 2007)
Case details for

Curtis v. State

Case Details

Full title:CODY DWAYNE CURTIS, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Feb 28, 2007

Citations

No. 09-06-224 CR (Tex. App. Feb. 28, 2007)