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Franklin v. State

Court of Appeals of Texas, Ninth District, Beaumont
Feb 28, 2007
No. 09-06-241 CR (Tex. App. Feb. 28, 2007)

Opinion

No. 09-06-241 CR

February 13, 2007.

February 28, 2007. DO NOT PUBLISH.

On Appeal from the 252nd District Court, Jefferson County, Texas, Trial Cause No. 95644.

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


MEMORANDUM OPINION


Pursuant to a plea bargain, appellant Tony Jack Franklin pled guilty to aggravated assault. The trial court found the evidence sufficient to find Franklin guilty, but deferred further proceedings, placed Franklin on probation for five years, and assessed a fine of $500.00. On January 24, 2006, the State filed a motion to revoke Franklin's unadjudicated probation. Franklin pled "true" to five violations of the conditions of his probation. The trial court found that Franklin violated the conditions of his probation, found Franklin guilty of aggravated assault, and assessed punishment at fifteen years of imprisonment.Franklin'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). 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

Franklin v. State

Court of Appeals of Texas, Ninth District, Beaumont
Feb 28, 2007
No. 09-06-241 CR (Tex. App. Feb. 28, 2007)
Case details for

Franklin v. State

Case Details

Full title:TONY JACK FRANKLIN, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Feb 28, 2007

Citations

No. 09-06-241 CR (Tex. App. Feb. 28, 2007)