In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-06-421 CR
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ROBERT JOSEPH JIMINEZ a/k/a ROBERT JOSEPH JIMENEZ, Appellant
V.
THE STATE OF TEXAS, Appellee
Jefferson County, Texas
Trial Cause No. 89418
Pursuant to a plea bargain, appellant Robert Joseph Jiminez a/k/a Robert Joseph Jimenez (1) pled guilty to assault on a public servant. The trial court found the evidence sufficient to find Jiminez guilty of assault on a public servant, but deferred finding Jiminez guilty, placed Jiminez on community supervision for five years, ordered Jiminez to serve one hundred eighty days of up-front time, and assessed a $500 fine. On November 2, 2005, the State filed a motion to revoke Jiminez's unadjudicated community supervision. Jiminez pled "true" to the alleged violation of the terms of his community supervision. The trial court found that Jiminez violated one of the conditions of his community supervision, found him guilty of assault on a public servant, and assessed punishment at ten years of confinement.
Jiminez'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 March 1, 2007, we granted an extension of time for Jiminez to file a pro se brief. We received no response from Jiminez. 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. (2)
AFFIRMED.
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HOLLIS HORTON
Justice
Submitted on May 29, 2007
Opinion Delivered June 6, 2007
Do Not Publish
Before McKeithen, C.J., Gaultney and Horton, JJ.
1. Appellant's surname is spelled "Jiminez" on the indictment and the judgment. However, some documents in the appellate record indicate that appellant spells his surname "Jimenez."
2. Appellant may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68.