Juan Ruben Leal v. State

In The



Court of Appeals



Ninth District of Texas at Beaumont

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NO. 09-09-00045-CR

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JUAN RUBEN LEAL, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause No. 07-02129




MEMORANDUM OPINION

Pursuant to a plea bargain agreement, appellant Juan Ruben Leal pled guilty to burglary of a habitation. The trial court found the evidence sufficient to find Leal guilty, but deferred further proceedings, placed Leal on community supervision for ten years, and assessed a fine of $1000. The State subsequently filed a motion to revoke Leal's unadjudicated community supervision. Leal pled "true" to two violations of the conditions of his community supervision. The trial court found that Leal violated the conditions of his community supervision, found Leal guilty of burglary of a habitation, and assessed punishment at twelve years of confinement.

Leal'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 May 7, 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.

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DAVID GAULTNEY Justice

Submitted on August 11, 2009

Opinion Delivered August 26, 2009

Do Not Publish



Before Gaultney, 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.