Brittany Nicole Clement v. State

In The



Court of Appeals



Ninth District of Texas at Beaumont

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NO. 09-07-582 CR

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BRITTANY NICOLE CLEMENT, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause No. 96041




MEMORANDUM OPINION

Pursuant to a plea bargain, appellant Brittany Nicole Clement pled guilty to unauthorized use of a motor vehicle. On February 21, 2006, the trial court found the evidence sufficient to find Clement guilty, but deferred further proceedings, placed Clement on community supervision for four years, and assessed a fine of $500. On September 28, 2007, the State filed a motion to revoke Clement's unadjudicated community supervision. Clement pled "true" to one violation of the conditions of her community supervision. The trial court found that Clement violated the conditions of her community supervision, found Clement guilty of unauthorized use of a motor vehicle, and assessed punishment at two years of confinement in a state jail facility.

Clement'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 January 17, 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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HOLLIS HORTON

Justice

Submitted on April 8, 2008

Opinion Delivered April 16, 2008

Do Not Publish



Before McKeithen, C.J., Kreger, 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.