From Casetext: Smarter Legal Research

Burns v. State

Court of Appeals Ninth District of Texas at Beaumont
Dec 10, 2014
NO. 09-14-00248-CR (Tex. App. Dec. 10, 2014)

Opinion

NO. 09-14-00248-CR

12-10-2014

ERNEST VARRIEN BURNS JR., Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 252nd District Court Jefferson County, Texas
Trial Cause No. 11-11968

MEMORANDUM OPINION

Pursuant to a plea bargain agreement, appellant Ernest Varrien Burns Jr. pleaded guilty to aggravated robbery. The trial court found the evidence sufficient to find Burns guilty, but deferred further proceedings, placed Burns on community supervision for seven years, and assessed a fine of $500. The State subsequently filed a motion to revoke Burns's unadjudicated community supervision. Burns pleaded "true" to three violations of the conditions of his community supervision. The trial court found that Burns violated the conditions of his community supervision, found Burns guilty of aggravated robbery, and assessed punishment at ten years of confinement.

The trial court's judgment indicates that Burns is also known as "Pinto" and "Ernest Varrien Burns[.]"

Burns'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 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On July 28, 2014, we granted an extension of time for Burns to file a pro se brief. We received no response from Burns. 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.

Burns may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68.
--------

AFFIRMED.

/s/_________

STEVE McKEITHEN

Chief Justice
Submitted on November 3, 2014
Opinion Delivered December 10, 2014
Do Not Publish
Before McKeithen, C.J., Kreger and Horton, JJ.


Summaries of

Burns v. State

Court of Appeals Ninth District of Texas at Beaumont
Dec 10, 2014
NO. 09-14-00248-CR (Tex. App. Dec. 10, 2014)
Case details for

Burns v. State

Case Details

Full title:ERNEST VARRIEN BURNS JR., Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals Ninth District of Texas at Beaumont

Date published: Dec 10, 2014

Citations

NO. 09-14-00248-CR (Tex. App. Dec. 10, 2014)