William Demarcus Brown v. State

In The



Court of Appeals



Ninth District of Texas at Beaumont



______________________

NO. 09-06-156 CR

______________________

WILLIAM DEMARCUS BROWN, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause No. 95977




MEMORANDUM OPINION

William Demarcus Brown pled guilty, pursuant to a plea bargain, to aggravated kidnapping. The trial court deferred adjudication of guilt and placed Brown on community supervision. The State filed a motion to revoke. The trial court found Brown violated the terms of the community supervision, found Brown guilty of the offense of aggravated kidnapping, and assessed punishment at forty 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). Brown filed a pro se response raising four issues: entitlement to a jury trial on competency; ineffective assistance of counsel; right to a psychiatric exam; and failure to follow correct procedures concerning incompetency. We reviewed the appellate record, appellate counsel's brief, and appellant's pro se brief, 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. (1)

Affirmed.

DAVID GAULTNEY

Justice



Submitted on July 2, 2007

Opinion Delivered September 5, 2007

Do Not Publish



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

1. Appellant may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68; Bledsoe v. State, 178 S.W.3d 824, 827 (Tex. Crim. App. 2005).