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Kennedy v. State

Court of Appeals of Texas, Ninth District, Beaumont
Oct 6, 2010
No. 09-10-00212-CR (Tex. App. Oct. 6, 2010)

Opinion

No. 09-10-00212-CR

Submitted on September 17, 2010.

Opinion Delivered October 6, 2010. DO NOT PUBLISH.

On Appeal from the 252nd District Court Jefferson County, Texas, Trial Cause No. 81203.

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


MEMORANDUM OPINION


Appellant Labarron Fitzgerald Kennedy pled guilty to possession of marijuana. The trial court found Kennedy guilty and assessed punishment at ten years of confinement, then suspended imposition of sentence, placed Kennedy on community supervision for ten years, and assessed a fine of $1000. The State subsequently filed a motion to revoke Kennedy's community supervision. Kennedy pled "true" to one violation of the terms of the community supervision order. The trial court found that Kennedy violated the terms of the community supervision order, revoked Kennedy's community supervision, and imposed a sentence of two years of confinement in the Texas Department of Criminal Justice Institutional Division. Kennedy'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 June 10, 2010, we granted an extension of time for appellant to file a pro se brief. We received no response from the appellant. 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 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

Kennedy v. State

Court of Appeals of Texas, Ninth District, Beaumont
Oct 6, 2010
No. 09-10-00212-CR (Tex. App. Oct. 6, 2010)
Case details for

Kennedy v. State

Case Details

Full title:LABARRON FITZGERALD KENNEDY, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Oct 6, 2010

Citations

No. 09-10-00212-CR (Tex. App. Oct. 6, 2010)