Patrick Anthony Brown v. State

In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-06-128 CR

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PATRICK ANTHONY BROWN, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause No. 92810




MEMORANDUM OPINION

Appellant Patrick Anthony Brown pled no contest to burglary of a habitation pursuant to a plea bargain agreement. The trial court deferred finding Brown guilty and placed him on probation for two years. Subsequently, the State filed a motion to revoke probation, which alleged that Brown failed to provide verification that he performed the required community service hours and failed to pay court-assessed fees. The trial court revoked Brown's probation, adjudicated him guilty, and sentenced him to twenty years of confinement.

Brown'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 August 3, 2006, we granted an extension of time for Brown to file a pro se brief. We received no response from Brown.

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.

AFFIRMED.





____________________________ DAVID GAULTNEY

Justice



Submitted on November 28, 2006

Opinion Delivered December 6, 2006

Do Not Publish



Before McKeithen, C.J., Gaultney and Kreger, JJ.