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NED v. STATE

Court of Appeals of Texas, Ninth District, Beaumont
Oct 5, 2011
No. 09-11-00051-CR (Tex. App. Oct. 5, 2011)

Opinion

NO. 09-11-00051-CR

10-05-2011

JEROME NED, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause No. 09-06091


MEMORANDUM OPINION

Pursuant to a plea bargain agreement, Jerome Ned pleaded guilty to burglary of a habitation. The trial court found the evidence sufficient to find Ned guilty, but deferred further proceedings, placed Ned on community supervision for seven years, and assessed a fine of $1,000. The State subsequently filed a motion to revoke Ned's unadjudicated community supervision. Ned pleaded "true" to three violations of the conditions of his community supervision. The trial court found that Ned violated the conditions of his community supervision, found Ned guilty of burglary of a habitation, and assessed punishment at twenty years in prison.

Ned'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 9, 2011, we granted an extension of time for Ned to file a pro se brief. We received no response from Ned. 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.

Ned may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68.

AFFIRMED.

___________________________

STEVE McKEITHEN

Chief Justice
Do Not Publish Before McKeithen, C.J., Kreger and Horton, JJ.


Summaries of

NED v. STATE

Court of Appeals of Texas, Ninth District, Beaumont
Oct 5, 2011
No. 09-11-00051-CR (Tex. App. Oct. 5, 2011)
Case details for

NED v. STATE

Case Details

Full title:JEROME NED, Appellant v. THE STATE OF TEXAS, Appellee

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

Date published: Oct 5, 2011

Citations

No. 09-11-00051-CR (Tex. App. Oct. 5, 2011)