In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-07-544 CR
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JOSEPH MICHAEL MARTIRE, Appellant
V.
THE STATE OF TEXAS, Appellee
Jefferson County, Texas
Trial Cause No. 97008
Pursuant to a plea bargain agreement, appellant Joseph Michael Martire pled guilty to burglary of a habitation. On May 15, 2006, the trial court found the evidence sufficient to find Martire guilty, but deferred further proceedings, placed Martire on community supervision for ten years, and assessed a fine of $1000. On September 21, 2007, the State filed a motion to revoke Martire's unadjudicated community supervision. Martire pled "true" to one violation of the terms of his community supervision. The trial court found that Martire violated the conditions of his community supervision, found Martire guilty of burglary of a habitation, and assessed punishment at twenty years of confinement.
Martire'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 6, 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.
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STEVE McKEITHEN
Chief Justice
Submitted on June 26, 2008
Opinion Delivered July 16, 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Do Not Publish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.