Anthony Maple v. State

In The



Court of Appeals



Ninth District of Texas at Beaumont



______________________

NO. 09-07-209 CR

______________________

ANTHONY MAPLE, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause No. 95642




MEMORANDUM OPINION

Pursuant to a plea bargain, appellant Anthony Maple pled guilty to aggravated assault. The trial court found the evidence sufficient to find Maple guilty, but deferred further proceedings, placed Maple on community supervision for five years, and assessed a fine of $500. On December 11, 2006, the State filed a motion to revoke Maple's unadjudicated community supervision. Maple pled "true" to three violations of the conditions of his community supervision. The trial court found that Maple violated the conditions of his community supervision, found Maple guilty of aggravated assault, and assessed punishment at twelve years of confinement.

Maple'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 September 20, 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.

_________________________________

DAVID GAULTNEY

Justice

Submitted on February 5, 2008

Opinion Delivered February 13, 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Do not publish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.