John Lee Bernard v. State

In The



Court of Appeals



Ninth District of Texas at Beaumont



____________________



NO. 09-06-227 CR

____________________



JOHN LEE BERNARD, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause No. 86034




MEMORANDUM OPINION

Pursuant to a plea bargain, appellant John Lee Bernard pled guilty to forgery. The trial court assessed punishment at two years of confinement in a state jail facility, then suspended imposition of sentence, placed Bernard on community supervision for five years, and assessed a $300 fine. On February 27, 2006, the State filed a motion to revoke Bernard's community supervision. Bernard pled "true" to two violations of the terms of the community supervision order. The trial court found that Bernard violated the terms of the community supervision order, revoked Bernard's community supervision, and imposed a sentence of two years of confinement in a state jail facility.

Bernard'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 April 26, 2007, we granted an extension of time for appellant to file a pro se brief. We received no response from the appellant.

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. (1)

AFFIRMED.





__________________________________

CHARLES KREGER

Justice



Submitted on August 21, 2007

Opinion Delivered August 29, 2007

Do not publish



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

1. Appellant may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68.