Jeremy Lewing v. State

In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-07-097 CR

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JEREMY LEWING, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause No. 97080




MEMORANDUM OPINION

Pursuant to a plea bargain, appellant Jeremy Lewing pled guilty to assault on a family member. The trial court found the evidence sufficient to find Lewing guilty, but deferred further proceedings, placed Lewing on community supervision for three years, and assessed a fine of $500. On October 24, 2006, the State filed a motion to revoke Lewing's unadjudicated community supervision. Lewing pled "true" to three violations of the conditions of his community supervision. The trial court found that Lewing violated the conditions of his community supervision, found Lewing guilty of assault on a family member, and assessed punishment at ten years of confinement.

Lewing'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 5, 2007, we granted an extension of time for appellant to file a pro se brief. We received no response from 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.



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CHARLES KREGER

Justice



Submitted on July 2, 2007

Opinion Delivered July 11, 1007

Do not publish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.