Ricardo Davon Guidry v. State

In The



Court of Appeals



Ninth District of Texas at Beaumont

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NO. 09-08-074 CR

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RICARDO DAVON GUIDRY, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause No. 95536




MEMORANDUM OPINION

Pursuant to a plea bargain agreement, appellant Ricardo Davon Guidry pled guilty to delivery of a controlled substance in a drug-free zone. The trial court found Guidry guilty and assessed punishment at five years of confinement, then suspended imposition of sentence, placed Guidry on community supervision for seven years, and assessed a $1,000 fine. On August 17, 2007, the State filed a motion to revoke Guidry's community supervision. Guidry pled "true" to two violations of the terms of the community supervision order. The trial court found that Guidry violated the terms of the community supervision order, revoked Guidry's community supervision, and imposed a sentence of five years of confinement.

Guidry'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 19, 2008, 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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STEVE McKEITHEN

Chief 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Do Not Publish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.