Opinion
NO. 09-11-00587-CR
03-21-2012
JOHN BOUDION, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 258th District Court
Polk County, Texas
Trial Cause No. 18,582
MEMORANDUM OPINION
Pursuant to a plea agreement, appellant John Boudion pled guilty to the offense of possession of a controlled substance, a state jail felony. See Tex. Health & Safety Code Ann. § 481.115(a)(b) (West 2010). The trial court found Boudion guilty and assessed punishment at two years confinement, probated over five years and assessed a $1,500 fine. The State subsequently filed a motion to revoke Boudion's community supervision. Boudion pled "not true" to three alleged violations of the terms of his community supervision. After hearing evidence presented by both parties, the trial court found that Boudion violated the terms of the community supervision order, revoked Boudion's community supervision, and imposed a sentence of fifteen months of confinement in state jail.
Boudion'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 December 8, 2011, we granted an extension of time for appellant to file a pro se brief. We received no response from Boudion.
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Do not publish Before McKeithen, C.J., Gaultney and Kreger, JJ.