Opinion
NO. 09-11-00683-CR
05-09-2012
JEREMY KEITH SCOTT, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 252nd District Court
Jefferson County, Texas
Trial Cause No. 10-08938
MEMORANDUM OPINION
Pursuant to a plea bargain agreement, Jeremy Keith Scott pleaded guilty to the offense of forgery. The trial court found the evidence sufficient to find Scott guilty, but deferred further proceedings and placed Scott on community supervision for five years. The State subsequently filed a motion to revoke Scott's unadjudicated community supervision. Scott pleaded "true" to violating one condition of his community supervision. The trial court found that Scott violated the conditions of his community supervision, found Scott guilty of forgery, and sentenced Scott to ten years in prison. Scott's appellate counsel filed a brief that presents counsel's professional evaluation of the record and concludes Scott's 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). Scott filed a pro se brief in response.
The Court of Criminal Appeals has held that we need 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 Scott's appeal. Compare Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We affirm the trial court's judgment.
Scott may challenge our decision by filing a petition for discretionary review. See Tex. R. App. P. 68.
AFFIRMED.
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STEVE McKEITHEN
Chief Justice
Do Not Publish
Before McKeithen, C.J., Gaultney and Horton, JJ.