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Brown v. State

Court of Appeals of Texas, Ninth District, Beaumont
Sep 5, 2007
No. 09-06-156 CR (Tex. App. Sep. 5, 2007)

Opinion

No. 09-06-156 CR

Submitted on July 2, 2007.

Opinion Delivered September 5, 2007. DO NOT PUBLISH.

On Appeal from the 252nd District Court, Jefferson County, Texas, Trial Cause No. 95977.

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


MEMORANDUM OPINION


William Demarcus Brown pled guilty, pursuant to a plea bargain, to aggravated kidnapping. The trial court deferred adjudication of guilt and placed Brown on community supervision. The State filed a motion to revoke. The trial court found Brown violated the terms of the community supervision, found Brown guilty of the offense of aggravated kidnapping, and assessed punishment at forty 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). Brown filed a pro se response raising four issues: entitlement to a jury trial on competency; ineffective assistance of counsel; right to a psychiatric exam; and failure to follow correct procedures concerning incompetency. We reviewed the appellate record, appellate counsel's brief, and appellant's pro se brief, 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. Affirmed.

Appellant may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68; Bledsoe v. State, 178 S.W.3d 824, 827 (Tex.Crim.App. 2005).


Summaries of

Brown v. State

Court of Appeals of Texas, Ninth District, Beaumont
Sep 5, 2007
No. 09-06-156 CR (Tex. App. Sep. 5, 2007)
Case details for

Brown v. State

Case Details

Full title:WILLIAM DEMARCUS BROWN, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Sep 5, 2007

Citations

No. 09-06-156 CR (Tex. App. Sep. 5, 2007)