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Cole v. State

Court of Appeals of Texas, Ninth District, Beaumont
Aug 29, 2007
No. 09-06-278 CR (Tex. App. Aug. 29, 2007)

Opinion

No. 09-06-278 CR

Submitted on August 21, 2007.

Delivered and Filed August 29, 2007. DO NOT PUBLISH.

On Appeal from the Criminal District Court Jefferson County, Texas Trial Cause No. 88947.

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


MEMORANDUM OPINION


Pursuant to a plea bargain, appellant Kathleen D. Cole pled guilty to forgery. The trial court found the evidence sufficient to find Cole guilty, but deferred further proceedings, placed Cole on community supervision for three years, and assessed a fine of $500. On March 20, 2006, the State filed a motion to revoke Cole's unadjudicated community supervision. Cole pled "true" to two violations of the conditions of her community supervision. The trial court found that Cole violated the conditions of her community supervision, found Cole guilty of forgery, and assessed punishment at eighteen months of confinement in a state jail facility. Cole'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 May 24, 2007, we granted an extension of time for appellant to file a pro se brief. We received no response from appellant. 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. AFFIRMED.

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


Summaries of

Cole v. State

Court of Appeals of Texas, Ninth District, Beaumont
Aug 29, 2007
No. 09-06-278 CR (Tex. App. Aug. 29, 2007)
Case details for

Cole v. State

Case Details

Full title:KATHLEEN D. COLE, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Aug 29, 2007

Citations

No. 09-06-278 CR (Tex. App. Aug. 29, 2007)