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Bernard v. State

Court of Appeals of Texas, Ninth District, Beaumont
Aug 28, 2024
No. 09-24-00012-CR (Tex. App. Aug. 28, 2024)

Opinion

09-24-00012-CR

08-28-2024

GASANI PAUL BERNARD, Appellant v. THE STATE OF TEXAS, Appellee


Do Not Publish

Submitted on August 21, 2024

On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. F20-33999

Before Johnson, Wright and Chambers, JJ.

MEMORANDUM OPINION

LEANNE JOHNSON Justice

A grand jury indicted Appellant Gasani Paul Bernard for aggravated robbery, a first-degree felony. See Tex. Penal Code Ann. § 29.03. Pursuant to a plea bargain capping Bernard's punishment at eighteen years of confinement, Bernard pleaded "guilty" to the offense. The trial court signed an Order of Deferred Adjudication as to guilt, placed Bernard on community supervision for ten years, ordered Bernard to pay $2,000 in restitution, and assessed a $1,000 fine.

The State filed a motion to revoke Bernard's community supervision, alleging seven violations of the terms of his community supervision. At a hearing on the motion, Bernard pleaded "true" to the allegations. The trial court found the evidence sufficient to find the allegations true, revoked Bernard's community supervision, found Bernard guilty of the offense of aggravated robbery, made an affirmative finding that a deadly weapon was used, and sentenced Bernard to twenty years of confinement. Bernard timely filed his appeal.

On appeal, Appellant's court-ordered attorney filed a brief stating that he has reviewed the case and, based on his professional evaluation of the record and applicable law, there are no arguable grounds for reversal. See Anders v. California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). We granted an extension of time for Bernard to file a pro se brief, and we received no response from Bernard.

Upon receiving an Anders brief, this Court must conduct a full examination of the record to determine whether the appeal is wholly frivolous. Penson v. Ohio, 488 U.S. 75, 80 (1988) (citing Anders, 386 U.S. at 744). We have reviewed the entire record and counsel's brief, and we have found nothing that would arguably support an appeal. See Bledsoe v. State, 178 S.W.3d 824, 827-28 (Tex. Crim. App. 2005) ("Due to the nature of Anders briefs, by indicating in the opinion that it considered the issues raised in the briefs and reviewed the record for reversible error but found none, the court of appeals met the requirements of Texas Rule of Appellate Procedure 47.1."). Therefore, we find it unnecessary to order appointment of new counsel to re-brief the appeal. Cf. Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We affirm the trial court's judgment.

Bernard may challenge our decision in this case by filing a petition for discretionary review with the Texas Court of Criminal Appeals. See Tex. R. App. P. 68.

AFFIRMED.


Summaries of

Bernard v. State

Court of Appeals of Texas, Ninth District, Beaumont
Aug 28, 2024
No. 09-24-00012-CR (Tex. App. Aug. 28, 2024)
Case details for

Bernard v. State

Case Details

Full title:GASANI PAUL BERNARD, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Aug 28, 2024

Citations

No. 09-24-00012-CR (Tex. App. Aug. 28, 2024)