From Casetext: Smarter Legal Research

Joseph v. State

Court of Appeals of Texas, Ninth District, Beaumont
Aug 26, 2009
No. 09-09-00058-CR (Tex. App. Aug. 26, 2009)

Opinion

No. 09-09-00058-CR

Submitted on August 11, 2009.

Opinion Delivered August 26, 2009. DO NOT PUBLISH.

On Appeal from the 252nd District Court, Jefferson County, Texas, Trial Cause No. 08-02680.

Before GAULTNEY, KREGER, and HORTON, JJ.


MEMORANDUM OPINION


Pursuant to a plea bargain agreement, appellant Jamal Emile Joseph pled guilty to possession of a prohibited weapon. The trial court found the evidence sufficient to find Joseph guilty, but deferred further proceedings, placed Joseph on community supervision for two years, and assessed a fine of $500. The State subsequently filed a motion to revoke Joseph's unadjudicated community supervision. Joseph pled "true" to three violations of the conditions of his community supervision. The trial court found that Joseph violated the conditions of his community supervision, found Joseph guilty of possession of a prohibited weapon, and assessed punishment at ten years of confinement. Joseph'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 30, 2009, we granted an extension of time for appellant to file a pro se brief. We received no response from 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 fordiscretionary review. See Tex. R. App. P. 68.


Summaries of

Joseph v. State

Court of Appeals of Texas, Ninth District, Beaumont
Aug 26, 2009
No. 09-09-00058-CR (Tex. App. Aug. 26, 2009)
Case details for

Joseph v. State

Case Details

Full title:JAMAL EMILE JOSEPH v. THE STATE OF TEXAS

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

Date published: Aug 26, 2009

Citations

No. 09-09-00058-CR (Tex. App. Aug. 26, 2009)