Travis Keith Bailey v. State

In The



Court of Appeals



Ninth District of Texas at Beaumont



______________________

NO. 09-07-545 CR

______________________



TRAVIS KEITH BAILEY, Appellant



V.



THE STATE OF TEXAS, Appellee


On Appeal From the Criminal District Court

Jefferson County, Texas

Trial Court No. 99366




MEMORANDUM OPINION

Pursuant to a plea bargain agreement, appellant Travis Keith Bailey pled guilty to robbery. The trial court found the evidence sufficient to find Bailey guilty, but deferred further proceedings, placed Bailey on community supervision for five years, and assessed a fine of $1,000. On September 24, 2007, the State filed a motion to revoke Bailey's unadjudicated community supervision. Bailey pled "true" to three violations of the conditions of his community supervision. The trial court found that Bailey violated the conditions of his community supervision, found Bailey guilty of robbery, and assessed punishment at twelve years of confinement.

Bailey'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 June 5, 2008, 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.

_________________________________

DAVID GAULTNEY

Justice

Submitted on September 24, 2008

Opinion Delivered October 8, 2008

Do not publish



Before McKeithen, C.J., Gaultney 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.