In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-08-00428-CR
NO. 09-08-00429-CR
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BRANDON MARK JOHNSON, Appellant
V.
THE STATE OF TEXAS, Appellee
Jefferson County, Texas
Trial Cause Nos. 07-01974 and 08-02751
Pursuant to plea bargain agreements, appellant Brandon Mark Johnson pled guilty to deadly conduct and possession of a controlled substance. (1) In each case, the trial court found the evidence would be sufficient to find Johnson guilty, but deferred such findings. In the deadly conduct case, the trial court placed Johnson on community supervision for five years and assessed a fine of $1,000. In the possession of a controlled substance case, the trial court placed Johnson on community supervision for five years and assessed a fine of $500. The State subsequently filed a motion to revoke Johnson's unadjudicated community supervision in each case. Johnson pled "true" in both cases to four violations of the terms of his community supervision. In each case, the trial court found that Johnson violated the conditions of his community supervision, found him guilty, and assessed punishment at seven years of confinement. The trial court ordered that the sentences were to run concurrently. Johnson's appellate counsel filed a brief that presents counsel's professional evaluation and concludes the appeals are 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 March 5, 2009, we granted an extension of time for appellant to file a pro se brief in each case. We received no response from the appellant. We reviewed the appellate records, and we agree with counsel's conclusion that no arguable issues support the appeals. Therefore, we find it unnecessary to order appointment of new counsel to re-brief the appeals. Compare Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We affirm the trial court's judgments. (2)
AFFIRMED.
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CHARLES KREGER
Justice
Submitted on June 1, 2009
Opinion Delivered June 24, 2009
Do not publish
Before Gaultney, Kreger, and Horton, JJ.
1. In the possession of a controlled substance case, the indictment and the judgment refer to appellant as "Brandon Mark Johnson aka Lil Brandon."
2. Appellant may challenge our decision in these cases by filing a petition for discretionary review. See Tex. R. App. P. 68.