Opinion
No. 09-09-00511-CR
Submitted on March 1, 2010.
Opinion Delivered April 7, 2010. DO NOT PUBLISH.
On Appeal from the 252nd District Court, Jefferson County, Texas, Trial Cause No. 97590.
Before McKEITHEN, C.J., KREGER and HORTON, JJ.
MEMORANDUM OPINION
Pursuant to a plea bargain agreement, appellant Sylvester Graham pled guilty to aggravated assault. The trial court found the evidence sufficient to find Graham guilty, but deferred further proceedings, placed Graham on community supervision for five years, and assessed a $500 fine. The State subsequently filed a motion to revoke Graham's unadjudicated community supervision. Graham pled "true" to two of the alleged violations of the terms of his community supervision. The trial court found that Graham violated the conditions of his community supervision, found Graham guilty of aggravated assault, and assessed punishment at twenty years of confinement. Graham then filed this appeal. Graham'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). Graham filed pro se briefs in response. The Court of Criminal Appeals directs that we not address the merits of issues raised in Anders briefs or pro se responses. Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). Rather, an appellate court may determine either: (1) "that the appeal is wholly frivolous and issue an opinion explaining that it has reviewed the record and finds no reversible error"; or (2) "that arguable grounds for appeal exist and remand the cause to the trial court so that new counsel may be appointed to brief the issues." Id. We have determined that this appeal is wholly frivolous. We have independently examined the clerk's record and the reporter's record, and we agree that no arguable issues support an appeal. See id. 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.