Opinion
No. 09-06-001 CV
Submitted on July 4, 2006.
Opinion Delivered July 27, 2006.
On Appeal from the 279th District Court, Jefferson County, Texas, Trial Cause No. F-9910-J.
Affirmed.
Before McKEITHEN, C.J., GAULTNEY and HORTON, JJ.
MEMORANDUM OPINION
After M.D.L. signed a stipulation of evidence, the trial court found M.D.L. committed burglary of a habitation on two occasions and intentionally, knowingly, or recklessly carried a handgun. The trial court also found that M.D.L. has not responded to parental attempts to provide supervision and could pose a danger to himself or the public because of his use of a weapon. Therefore, the trial court found M.D.L. to be in need of rehabilitation and committed him to the Texas Youth Commission for an indeterminate time not to exceed his twenty-first birthday.
After perfecting M.D.L.'s appeal, counsel filed a brief asserting that the appeal is frivolous. The brief complies with the requirements of Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and In re D.A.S., 973 S.W.2d 296 (Tex. 1998). No pro se brief has been filed.
We have carefully reviewed the record and counsel's brief, and we find no arguable error requiring us to order appointment of new counsel. Accordingly, we affirm the trial court's judgment.
The State contends this Court lacks jurisdiction because M.D.L. signed a stipulation of evidence. See Tex. Fam. Code Ann. § 56.01(n) (Vernon 2002). However, at the commitment hearing, the trial court impliedly gave M.D.L. the right to appeal. See id.