Opinion
NO. 09-11-00271-CR
01-25-2012
DEDRICK ANDREA ERVIN, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 411th District Court
Polk County, Texas
Trial Cause No. 21196
MEMORANDUM OPINION
In carrying out a plea bargain agreement, Dedrick Andrea Ervin pled guilty to the unlawful possession of a firearm by a felon. See Tex. Penal Code Ann. § 46.04 (West 2011). The trial court found Ervin guilty and assessed his punishment at eight years in prison, but suspended the imposition of sentence and placed Ervin on community supervision for eight years. Subsequently, the State filed a motion to revoke, requesting the trial court revoke its decision placing Ervin on community supervision. Ervin pled "not true" to the nine violations on which the State relied as grounds to revoke the community supervision order. After conducting an evidentiary hearing, the trial court found that Ervin had violated the conditions of his community supervision, revoked its community supervision order, and assessed punishment at six years in prison. Ervin appealed.
On appeal, Ervin'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). We granted multiple extensions to allow Ervin to file a pro se brief. Ervin has not filed a response.
We have 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 Ervin's appeal. Compare Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We affirm the trial court's judgment.
Ervin may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68.
AFFIRMED.
_________________
HOLLIS HORTON
Justice
Do Not Publish
Before McKeithen, C.J., Kreger and Horton, JJ.