Pursuant to a plea bargain agreement, appellant Aaron Kavanaugh pled guilty to burglary of a building. The trial court found the evidence sufficient to find Kavanaugh guilty, but deferred further proceedings, placed Kavanaugh on community supervision for four years, and assessed a fine of $750. The State subsequently filed a motion to revoke Kavanaugh's unadjudicated community supervision. Kavanaugh pled "true" to two violations of the conditions of his community supervision. The trial court found that Kavanaugh violated the conditions of his community supervision, found Kavanaugh guilty of burglary of a building, and assessed punishment at two years of confinement in a state jail facility.
Kavanaugh'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 August 20, 2009, 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 November 24, 2009
Opinion Delivered December 9, 2009
Do not publish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.