Shantell Nicole Stevens v. State

In The



Court of Appeals



Ninth District of Texas at Beaumont

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NO. 09-08-00261-CR

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SHANTELL NICOLE STEVENS, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause No. 95128




MEMORANDUM OPINION

Pursuant to a plea bargain agreement, appellant Shantell Nicole Stevens pled guilty to retaliation. On November 7, 2005, the trial court found the evidence sufficient to find Stevens guilty, but deferred further proceedings, placed Stevens on community supervision for four years, and assessed a fine of $500. On August 1, 2007, the State filed a motion to revoke Stevens's unadjudicated community supervision. Stevens pled "true" to five violations of the conditions of her community supervision. The trial court found that Stevens violated the conditions of her community supervision, found Stevens guilty of retaliation, and assessed punishment at ten years of confinement.

Stevens'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 December 18, 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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STEVE McKEITHEN

Chief Justice





Submitted on March 17, 2009

Opinion Delivered March 25, 2009

Do Not Publish

Before McKeithen, C.J., Gaultney and Kreger, JJ.

1. Appellant may challenge our decision in this case by filing a petition for discretionary review. See Tex. R. App. P. 68.