Opinion
NO. 09-10-00144-CR
03-21-2012
JASON HARLEY COOK, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 359th District Court
Montgomery County, Texas
Trial Cause No. 05-08-07247 CR
MEMORANDUM OPINION
Jason Harley Cook appeals the revocation of deferred adjudication community supervision and imposition of a two year sentence for the state jail felony offense of theft. See Tex. Pen. Code Ann. § 31.03(a),(b),(e)(4)(A) (West Supp. 2011). Cook pled true to the sixteen allegations contained in the State's amended motion to adjudicate.
Because subsequent amendments have no material effect here, we cite to the current version of the statute.
On appeal, Cook's 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 the 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. Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005); cf. 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.
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AFFIRMED.
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HOLLIS HORTON
Justice
Do Not Publish Before Gaultney, Kreger, and Horton, JJ.