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Murphy v. State

Court of Appeals of Texas, Ninth District, Beaumont
Mar 7, 2007
No. 09-06-344 CR (Tex. App. Mar. 7, 2007)

Opinion

No. 09-06-344 CR

Submitted on February 13, 2007.

Opinion Delivered March 7, 2007. DO NOT PUBLISH.

On Appeal from the 252nd District Court, Jefferson County County, Texas, Trial Cause No. 93446.

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


MEMORANDUM OPINION


Pursuant to a plea bargain, appellant John Christopher Murphy pled guilty to burglary of a habitation. The trial court found the evidence sufficient to find Murphy guilty, but deferred further proceedings, placed Murphy on community supervision for six years, assessed a $1,000 fine, and ordered Murphy to pay restitution in the amount of $310. On March 8, 2006, the State filed a motion to revoke Murphy's unadjudicated probation. Although Murphy offered an explanation for his violation, he pled "true" to violating one of the conditions of his community supervision. The trial court found that Murphy violated one of the community supervision conditions, found Murphy guilty of burglary of a habitation, and assessed punishment at twenty years of confinement. Murphy'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). 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.


Summaries of

Murphy v. State

Court of Appeals of Texas, Ninth District, Beaumont
Mar 7, 2007
No. 09-06-344 CR (Tex. App. Mar. 7, 2007)
Case details for

Murphy v. State

Case Details

Full title:JOHN CHRISTOPHER MURPHY, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Mar 7, 2007

Citations

No. 09-06-344 CR (Tex. App. Mar. 7, 2007)