In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-05-300 CR
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LEROY STAPLES, Appellant
V.
THE STATE OF TEXAS, Appellee
Polk County, Texas
Trial Cause No. 13,433
Leroy Staples entered a guilty plea in Cause No. 13,433 to the second degree felony offense of indecency with a child by contact. (1) The trial court deferred adjudication of guilt and placed Staples on community supervision for ten years commencing June 6, 1995. During the period of community supervision, the State filed a motion to adjudicate on the grounds that Staples violated the terms of the community supervision order by committing the criminal offenses of harassment and sexual assault of a child and by associating with children without the presence of another adult. Staples pled "not true" and the trial court heard evidence to support the State's motion. The trial court adjudicated guilt and assessed a twenty-year sentence.
Staples'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), and High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978). On December 1, 2005, we granted an extension of time for Staples to file a pro se brief. Staples did not file a response.
We reviewed the appellate record and 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). The judgment is affirmed.
AFFIRMED.
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CHARLES KREGER
Justice
Submitted on March 7, 2006
Opinion Delivered March 15, 2006
Do Not Publish
Before Gaultney, Kreger, and Horton, JJ.
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