From Casetext: Smarter Legal Research

Martin v. State

Court of Appeals of Texas, Ninth District, Beaumont
Oct 21, 2009
No. 09-09-00134-CR (Tex. App. Oct. 21, 2009)

Opinion

No. 09-09-00134-CR

Submitted on October 15, 2009.

Opinion Delivered October 21, 2009. DO NOT PUBLISH.

On Appeal from the 252nd District Court Jefferson County, Texas, Trial Cause No. 07-00784.

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


MEMORANDUM OPINION


Pursuant to a plea bargain agreement, appellant Devin Nijel Martin a/k/a Devon Andre Martin pled guilty to unlawful possession of a firearm by a felon. The trial court found the evidence sufficient to find Martin guilty, but deferred further proceedings, placed Martin on community supervision for five years, and assessed a fine of $500. The State subsequently filed a motion to revoke Martin's unadjudicated community supervision. Martin pled "true" to two violations of the conditions of his community supervision. The trial court found that Martin violated the conditions of his community supervision, found Martin guilty of unlawful possession of a firearm by a felon, and assessed punishment at nine years of confinement. Martin'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 18, 2009, we granted an extension of time for 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. 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

Martin v. State

Court of Appeals of Texas, Ninth District, Beaumont
Oct 21, 2009
No. 09-09-00134-CR (Tex. App. Oct. 21, 2009)
Case details for

Martin v. State

Case Details

Full title:DEVIN NIJEL MARTIN a/k/a DEVON ANDRE MARTIN, Appellant v. THE STATE OF…

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

Date published: Oct 21, 2009

Citations

No. 09-09-00134-CR (Tex. App. Oct. 21, 2009)