Opinion
No. 09-08-00192-CR
Submitted on July 2, 2009.
Opinion Delivered July 15, 2009. DO NOT PUBLISH.
On Appeal from the 252nd District Court, Jefferson County, Texas, Trial Cause No. 98894.
Before McKEITHEN, C.J., GAULTNEY and HORTON, JJ.
MEMORANDUM OPINION
Appellant Charles Wilson Berry, III was indicted for assault on a family member. Berry pled guilty pursuant to a plea bargain agreement. The trial court found the evidence sufficient to find Berry guilty, but deferred further proceedings, placed Berry on community supervision for five years, and assessed a fine of $500. The State subsequently filed a motion to revoke Berry's unadjudicated community supervision. Berry pled "true" to three of the alleged violations of the terms of his community supervision. The trial court found that Berry violated the conditions of his community supervision, found Berry guilty of assault on a family member, and assessed punishment at ten years of confinement. Berry then filed this appeal. Berry'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). Berry filed pro se briefs in response. The Court of Criminal Appeals directs that we not address the merits of issues raised in Anders briefs or pro se responses. Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex.Crim.App. 2005). Rather, an appellate court may determine either: (1) "that the appeal is wholly frivolous and issue an opinion explaining that it has reviewed the record and finds no reversible error"; or (2) "that arguable grounds for appeal exist and remand the cause to the trial court so that new counsel may be appointed to brief the issues." Id. We have determined that this appeal is wholly frivolous. We have independently examined the clerk's record and the reporter's record, and we agree that no arguable issues support an appeal. See id. 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.