Brown v. State

Full title: PATRICK ANTHONY BROWN, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Dec 6, 2006

No. 09-06-128 CR (Tex. App. Dec. 6, 2006)

Opinion

No. 09-06-128 CR.

November 28, 2006.

December 6, 2006. DO NOT PUBLISH.

On Appeal from the 252nd District Court, Jefferson County, Texas, Trial Cause No. 92810.

Before MCKEITHEN, C.J., GAULTNEY and KREGER, JJ.

DAVID GAULTNEY Justice.

MEMORANDUM OPINION

Appellant Patrick Anthony Brown pled no contest to burglary of a habitation pursuant to a plea bargain agreement. The trial court deferred finding Brown guilty and placed him on probation for two years. Subsequently, the State filed a motion to revoke probation, which alleged that Brown failed to provide verification that he performed the required community service hours and failed to pay court-assessed fees. The trial court revoked Brown's probation, adjudicated him guilty, and sentenced him to twenty years of confinement. Brown'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 August 3, 2006, we granted an extension of time for Brown to file a pro se brief. We received no response from Brown. 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.