In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-01-244 CR
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JOHNNY RAY LEWIS, Appellant
V.
THE STATE OF TEXAS, Appellee
Jefferson County, Texas
Trial Cause No. 80046
Johnny Ray Lewis pleaded guilty to the second degree felony offense of sexual assault on a child. See Tex. Pen. Code Ann. § 22.011(a)(2)(A), (c)(1), (f) (Vernon Supp. 2002). The trial court deferred adjudication of guilt and placed Lewis on community supervision for eight years. After pleading "true" to violating the terms of the community supervision order, Lewis was convicted and sentenced to five years of confinement in the Texas Department of Criminal Justice, Institutional Division.
Appellate counsel filed a brief that concludes no arguable error is presented in this appeal. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967), and High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On February 28, 2002, Lewis was given an extension of time in which to file a pro se brief. We received no response from the appellant. Because the appeal involves the application of well-settled principles of law, we deliver this memorandum opinion. See Tex. R. App. P. 47.1.
Lewis cannot raise error relating to the plea proceeding in this appeal, nor may he appeal the trial court's decision to adjudicate guilt. Manuel v. State, 994 S.W.2d 658, 661 (Tex. Crim. App. 1999); Connolly v. State, 983 S.W.2d 738, 741 (Tex. Crim. App. 1999). Lewis had an opportunity to present punishment evidence during the proceedings. See Pearson v. State, 994 S.W.2d 176, 179 (Tex. Crim. App. 1999).
We have reviewed the clerk's and the reporter's records, and find no arguable error requiring us to order appointment of new counsel. Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). Accordingly, we affirm the trial court's judgment.
AFFIRMED.
PER CURIAM
Submitted on June 26, 2002
Opinion Delivered July 10, 2002
Do Not Publish
Before Walker, C.J., Burgess and Gaultney, JJ.