Paula Jean Todd v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-09-00040-CR Paula Jean Todd, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF BELL COUNTY, 264TH JUDICIAL DISTRICT NO. 58693, HONORABLE MARTHA J. TRUDO, JUDGE PRESIDING MEMORANDUM OPINION In December 2005, appellant Paula Jean Todd pleaded guilty to forgery and was sentenced to two years in state jail, but sentence was not imposed and she was placed on community supervision for five years. See Tex. Penal Code Ann. § 32.21 (West Supp. 2008). In December 2008, after appellant pleaded true to the allegations in the State’s motion to revoke, the trial court revoked supervision and imposed a fifteen-month state jail sentence. Appellant’s court-appointed attorney has filed a motion to withdraw supported by a brief concluding that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967), by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See also Penson v. Ohio, 488 U.S. 75 (1988); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978); Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974); Jackson v. State, 485 S.W.2d 553 (Tex. Crim. App. 1972); Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969). Appellant received a copy of counsel’s brief and was advised of her right to examine the appellate record and to file a pro se brief. No pro se brief has been filed. We have reviewed the record and counsel’s brief and agree that the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal. Counsel’s motion to withdraw is granted. The order revoking community supervision is affirmed. ___________________________________________ Jan P. Patterson, Justice Before Justices Patterson, Puryear and Pemberton Affirmed Filed: August 26, 2009 Do Not Publish 2