In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-07-341 CR
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LONG HOANG LAM A/K/A CUONG LAM XUAN, Appellant
V.
THE STATE OF TEXAS, Appellee
Jefferson County, Texas
Trial Cause No. 99100
Pursuant to a plea bargain agreement, Long Hoang Lam a/k/a Cuong Lam Xuan pled guilty to the second-degree felony offense of burglary of a habitation. See Tex. Pen. Code Ann. § 30.02(a)(1), (c)(2) (Vernon 2003). The trial court found the evidence sufficient to find Lam guilty, but deferred further proceedings, placed Lam on community supervision for seven years, and assessed a fine of $750. The State subsequently filed a motion to revoke Lam's unadjudicated community supervision. Lam pled "true" to two of the alleged violations of the terms of his community supervision. The trial court found that Lam violated the conditions of his community supervision, found Lam guilty of burglary of a habitation, and assessed punishment at twenty years of confinement. Lam appealed.
Lam'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). Lam filed a pro se brief, in which he argues that he did not understand the revocation proceeding. When an Anders brief and a pro se response are filed, an appellate court may determine either: (1) "that the appeal is wholly frivolous and issue an opinion explaining that it has reviewed the record and finds no reversible error" or (2) "that arguable grounds for appeal exist and remand the cause to the trial court so that new counsel may be appointed to brief the issues." Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005).
We have determined that this appeal is wholly frivolous. We have independently examined the clerk's record and the reporter's record, and we agree that no arguable issues support an appeal. See id. 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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DAVID GAULTNEY
Justice
Submitted on June 10, 2008
Opinion Delivered June 25, 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Do not publish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.