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Mathis v. State

Court of Appeals of Texas, Ninth District, Beaumont
Oct 27, 2010
No. 09-10-00223-CR (Tex. App. Oct. 27, 2010)

Opinion

No. 09-10-00223-CR

Submitted on October 15, 2010.

Opinion Delivered October 27, 2010. DO NOT PUBLISH.

On Appeal from the 252nd District Court, Jefferson County, Texas, Trial Cause No. 97652.

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


MEMORANDUM OPINION


Pursuant to a plea bargain agreement, appellant Leon Mathis pled guilty to aggravated assault. The trial court found the evidence sufficient to find Mathis guilty, but deferred further proceedings, placed Mathis on community supervision for ten years, and assessed a fine of $500. The State subsequently filed a motion to revoke Mathis's unadjudicated community supervision. Mathis pled "true" to two violations of the conditions of his community supervision. The trial court found that Mathis violated the conditions of his community supervision, found Mathis guilty of aggravated assault, and assessed punishment at five years of confinement. Mathis'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 July 15, 2010, 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

Mathis v. State

Court of Appeals of Texas, Ninth District, Beaumont
Oct 27, 2010
No. 09-10-00223-CR (Tex. App. Oct. 27, 2010)
Case details for

Mathis v. State

Case Details

Full title:LEON MATHIS, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Oct 27, 2010

Citations

No. 09-10-00223-CR (Tex. App. Oct. 27, 2010)