In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-04-231 CR
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ERNEST JUAN GARCIA, Appellant
V.
THE STATE OF TEXAS, Appellee
Jefferson County, Texas
Trial Cause No. 82320
Ernest Juan Garcia was indicted for possession of a controlled substance. See Tex. Health & Safety Code Ann. § 481.115 (Vernon 2003). Pursuant to a plea bargain, Garcia was placed on unadjudicated community supervision for a term of five years. On March 16, 2004, the State filed a motion to adjudicate. A hearing was held and Garcia pleaded true to three allegations that he violated the terms of his community supervision. The trial court found appellant guilty and sentenced him to five years' 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 November 18, 2004, we granted Garcia an extension of time in which to file a pro se brief. We received no response from appellant.
The notice of appeal filed by Garcia failed to invoke our appellate jurisdiction to review issues relating to his conviction. White v. State, 61 S.W.3d 424, 428-29 (Tex. Crim. App. 2001). Although a general notice of appeal invokes our jurisdiction to consider issues relating to the process by which Garcia was punished, he preserved no error relating to punishment and the record does not support a claim of ineffective assistance of counsel during the punishment phase of the trial. See Vidaurri v. State, 49 S.W.3d 880, 883-85 (Tex. Crim. App. 2001).
We have reviewed the clerk's record and the reporter's record, and find no arguable error requiring us to order appointment of new counsel. Compare Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). The judgment is AFFIRMED.
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CHARLES KREGER
Justice
Submitted on March 22, 2005
Opinion Delivered April 13, 2005
Do not publish
Before McKeithen, C.J., Gaultney, and Kreger, JJ.