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Allen v. State

Court of Appeals Ninth District of Texas at Beaumont
Jan 25, 2012
NO. 09-11-00211-CR (Tex. App. Jan. 25, 2012)

Opinion

NO. 09-11-00211-CR

01-25-2012

HEATHER KRISTINE ALLEN, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause No. 08-04654


MEMORANDUM OPINION

Pursuant to a plea agreement, appellant Heather Kristine Allen pled guilty to the offense of burglary of a building. The trial court found the evidence sufficient to find Allen guilty, but deferred finding her guilty. The trial court placed Allen on community supervision for three years and assessed a fine of $750. The State subsequently filed a motion to revoke Allen's unadjudicated community supervision. Allen pled "true" to two violations of the terms of her community supervision. The trial court found that Allen violated the terms of the community supervision order, found Allen guilty of burglary of a building, revoked Allen's community supervision, and imposed a sentence of two years of confinement.

Allen'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 September 29, 2011, we granted an extension of time for appellant to file a pro se brief. We received no response from the appellant.

We have 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.

Appellant may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68.

AFFIRMED.

CHARLES KREGER

Justice
Do not publish Before McKeithen, C.J., Gaultney and Kreger, JJ.


Summaries of

Allen v. State

Court of Appeals Ninth District of Texas at Beaumont
Jan 25, 2012
NO. 09-11-00211-CR (Tex. App. Jan. 25, 2012)
Case details for

Allen v. State

Case Details

Full title:HEATHER KRISTINE ALLEN, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Ninth District of Texas at Beaumont

Date published: Jan 25, 2012

Citations

NO. 09-11-00211-CR (Tex. App. Jan. 25, 2012)