In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-05-205 CR
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KEVIN JEROME MOORE, Appellant
V.
THE STATE OF TEXAS, Appellee
Jefferson County, Texas
Trial Cause No. 87194
Kevin Jerome Moore pled guilty in Cause No. 87194 to the second degree felony offense of burglary of a habitation. Tex. Pen. Code Ann. § 30.02 (a)(3), (c)(2) (Vernon 2003). The trial court deferred adjudication of guilt and placed Moore on community supervision for ten years commencing June 9, 2003. During the period of community supervision, the State filed a motion to adjudicate that alleged drug screens revealed Moore ingested controlled substances in violation of the terms of the community supervision order. Moore pled "true" to several of the State's allegations. The trial court adjudicated guilt and assessed a twenty year sentence.
Moore'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 January 26, 2006, we granted an extension of time for Moore to file a pro se brief. The appellant did not file a response.
We have jurisdiction over the appeal. See Hargesheimer v. State, 182 S.W.3d 906 (Tex. Crim. App. 2006); Manuel v. State, 994 S.W.2d 658 (Tex. Crim. App. 1999). On appeal following adjudication, claims that directly and distinctly relate to punishment may be raised. Hogans v. State, 176 S.W.3d 829 (Tex. Crim. App. 2005). In this case, the appellant had an opportunity to present 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. Compare Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). The trial court's judgment is affirmed. (1)
AFFIRMED.
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DAVID GAULTNEY
Justice
Submitted on May 22, 2006
Opinion Delivered May 31, 2006
Do Not Publish
Before Gaultney, Kreger and Horton, JJ.
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