Opinion
No. 09-09-00178-CR
Submitted on February 26, 2010.
Opinion Delivered April 21, 2010. DO NOT PUBLISH.
On Appeal from the 252nd District Court Jefferson County, Texas, Trial Cause No. 07-00450. Affirmed.
Before McKEITHEN, C.J., KREGER and HORTON, JJ.
MEMORANDUM OPINION
Pursuant to a plea bargain agreement, appellant Cary Wayne Moss pled guilty to burglary of a habitation. The trial court found the evidence sufficient to find Moss guilty, but deferred further proceedings and placed Moss on community supervision for ten years. The State subsequently filed a motion to revoke Moss's unadjudicated community supervision. Moss pled "true" to two of the alleged violations of the terms of his community supervision. The trial court found that Moss violated the conditions of his community supervision, found Moss guilty of burglary of a habitation, and assessed punishment at twelve years of confinement. Moss then filed this appeal. Moss'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). Moss filed a pro se brief in response. The Court of Criminal Appeals directs that we not address the merits of issues raised in Anders briefs or pro se responses. Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). Rather, an appellate court may determine either: (1) "that the appeal is wholly frivolous and issue an opinion explaining that it has reviewed the record and finds no reversible error"; or (2) "that arguable grounds for appeal exist and remand the cause to the trial court so that new counsel may be appointed to brief the issues." Id. We have determined that this appeal is wholly frivolous. We have independently examined the clerk's record and the reporter's record, and we agree that no arguable issues support an appeal. See id. 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.
Appellant may challenge our decision in this case by filing a petition for discretionary review. See TEX. R. APP. P. 68.