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Henry v. State

Court of Appeals of Texas, Ninth District, Beaumont
Dec 6, 2006
No. 09-06-005 CR (Tex. App. Dec. 6, 2006)

Opinion

No. 09-06-005 CR.

November 28, 2006.

December 6, 2006. DO NOT PUBLISH.

On Appeal from the 252nd District Court, Jefferson County, Texas, Trial Cause No. 90059.

Before GAULTNEY, KREGER, and HORTON, JJ.


MEMORANDUM OPINION

Appellant Tyson Jamaal Henry pled guilty to aggravated robbery. The trial court deferred adjudicating Henry guilty, placed him on probation for ten years, assessed a fine of $10,000.00, and ordered restitution in the amount of $150.00. The trial court also ordered Henry to serve one hundred eighty days of "upfront" time in the county jail. Subsequently, the State filed a motion to revoke probation, in which it alleged that Henry had violated five of the terms of his probation. Henry pled "true" to three of the alleged violations. The trial court revoked Henry's probation, adjudicated him guilty, and sentenced him to thirty years of confinement. Henry'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 July 20, 2006, we granted an extension of time for Henry 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.


Summaries of

Henry v. State

Court of Appeals of Texas, Ninth District, Beaumont
Dec 6, 2006
No. 09-06-005 CR (Tex. App. Dec. 6, 2006)
Case details for

Henry v. State

Case Details

Full title:TYSON JAMAAL HENRY, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Dec 6, 2006

Citations

No. 09-06-005 CR (Tex. App. Dec. 6, 2006)