William Charles v. State

In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-06-494 CR

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WILLIAM CHARLES, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause No. 96351




MEMORANDUM OPINION

Pursuant to a plea bargain, appellant William Charles pleaded guilty to burglary of a habitation. The trial court found the evidence sufficient to find Charles guilty, but deferred further proceedings, placed Charles on community supervision for seven years, assessed a fine of $500, and ordered Charles to pay restitution in the amount of $3,582. On May 19, 2006, the State filed a motion to revoke Charles's unadjudicated community supervision. Charles pleaded "true" to violating one of the conditions of the community supervision order. The trial court found that Charles violated the conditions of his community supervision, found Charles guilty of burglary of a habitation, and assessed punishment at fifteen years of confinement.

Charles'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 January 11, 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.

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CHARLES KREGER

Justice

Submitted on April 6, 2007

Opinion Delivered April 18, 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Do not publish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.