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LEAL v. STATE

Court of Appeals of Texas, Ninth District, Beaumont
Aug 26, 2009
No. 09-09-00045-CR (Tex. App. Aug. 26, 2009)

Opinion

No. 09-09-00045-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 DO NOT PUBLISH.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. 07-02129.

Before GAULTNEY, KREGER, and HORTON, JJ.


MEMORANDUM OPINION


Pursuant to a plea bargain agreement, appellant Juan Ruben Leal pled guilty to burglary of a habitation. The trial court found the evidence sufficient to find Leal guilty, but deferred further proceedings, placed Leal on community supervision for ten years, and assessed a fine of $1000. The State subsequently filed a motion to revoke Leal's unadjudicated community supervision. Leal pled "true" to two violations of the conditions of his community supervision. The trial court found that Leal violated the conditions of his community supervision, found Leal guilty of burglary of a habitation, and assessed punishment at twelve years of confinement. Leal'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 May 7, 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 for discretionary review. See Tex. R. App. P. 68.


Summaries of

LEAL v. STATE

Court of Appeals of Texas, Ninth District, Beaumont
Aug 26, 2009
No. 09-09-00045-CR (Tex. App. Aug. 26, 2009)
Case details for

LEAL v. STATE

Case Details

Full title:JUAN RUBEN LEAL, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Aug 26, 2009

Citations

No. 09-09-00045-CR (Tex. App. Aug. 26, 2009)