Miguel Lorenzi, Jr. v. State

In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-07-421 CR

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MIGUEL LORENZI, JR., Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the Criminal District Court

Jefferson County, Texas

Trial Cause No. 91561




MEMORANDUM OPINION

Pursuant to a plea bargain agreement, appellant Miguel Lorenzi, Jr. pled guilty to possession of marijuana. On June 13, 2005, the trial court found the evidence sufficient to find Lorenzi guilty, but deferred further proceedings, placed Lorenzi on community supervision for three years, and assessed a fine of $750. On January 30, 2007, the State filed a motion to revoke Lorenzi's unadjudicated community supervision. Lorenzi pled "true" to having violated the terms of his community supervision. The trial court found that Lorenzi violated the conditions of his community supervision, found Lorenzi guilty of possession of marijuana, and assessed punishment at one year of confinement in a state jail facility.

Lorenzi'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 December 13, 2007, 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.



__________________________________

CHARLES KREGER

Justice



Submitted on April 8, 2008

Opinion Delivered April 16, 2008

Do not publish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.