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Knighton v. State

Court of Appeals of Texas, Ninth District, Beaumont
May 11, 2011
No. 09-10-00510-CR (Tex. App. May. 11, 2011)

Opinion

No. 09-10-00510-CR

Submitted on April 29, 2011.

Opinion Delivered May 11, 2011. DO NOT PUBLISH.

On Appeal from the 252nd District Court, Jefferson County, Texas, Trial Cause No. 07-00629.

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


MEMORANDUM OPINION


Pursuant to a plea bargain agreement, appellant Damion R. Knighton pleaded guilty to unauthorized use of a motor vehicle. The trial court found the evidence sufficient to find Knighton guilty, but deferred further proceedings, placed Knighton on community supervision for three years, and assessed a fine of $500. The State subsequently filed a motion to revoke Knighton's unadjudicated community supervision. Knighton pleaded "true" to three violations of the conditions of his community supervision. The trial court found that Knighton had violated the conditions of his community supervision, found Knighton guilty of unauthorized use of a motor vehicle, and assessed punishment at two years of confinement in a state jail facility. Knighton'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 January 20, 2011, we granted an extension of time for appellant to file a pro se brief. We received no response from 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

Knighton v. State

Court of Appeals of Texas, Ninth District, Beaumont
May 11, 2011
No. 09-10-00510-CR (Tex. App. May. 11, 2011)
Case details for

Knighton v. State

Case Details

Full title:DAMION R. KNIGHTON, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: May 11, 2011

Citations

No. 09-10-00510-CR (Tex. App. May. 11, 2011)