Charles Nichols A/K/A Charles Rayfield Nichols A/K/A Charles Raphel Nichols A/K/A Charles R. Nichols v. State

In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-09-00190-CR

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CHARLES NICHOLS a/k/a CHARLES RAYFIELD NICHOLS a/k/a

CHARLES RAPHEL NICHOLS a/k/a CHARLES R. NICHOLS, Appellant



V.



THE STATE OF TEXAS, Appellee




On Appeal from the 252nd District Court

Jefferson County, Texas

Trial Cause No. 08-03222




MEMORANDUM OPINION

Pursuant to a plea bargain, Charles Nichols a/k/a Charles Rayfield Nichols a/k/a Charles Raphel Nichols a/k/a Charles R. Nichols pled guilty to assault on a family member. See Tex. Pen. Code Ann. § 22.01(a)(1)(b) (Vernon Supp. 2009). Nichols also pled true to having committed a prior burglary, as alleged in an enhancement provision of the indictment, thus, raising Nichols's punishment status to that of a repeat offender. See Tex. Pen. Code Ann. § 12.42(a)(3) (Vernon Supp. 2009). The trial court deferred adjudication of guilt, placed Nichols on community supervision for ten years, and assessed a $1,000 fine. The State subsequently filed a motion to revoke Nichols's community supervision. The motion alleged that Nichols committed six violations of the terms established for his community supervision. Nichols pled true to five of the violations. The trial court accepted his pleas, revoked his community supervision, adjudicated him guilty, and then sentenced him to twenty years of confinement. See Tex. Pen. Code Ann. § 12.33 (Vernon Supp. 2009) (providing that imprisonment for second degree felonies may be for any term of not more than twenty years or less than two years). Nichols appealed.

Nichols's appellate counsel filed an Anders brief. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967). Counsel's brief meets the Anders requirements by presenting a professional evaluation of the record that demonstrates why there are no arguable grounds to be advanced. See High v. State, 573 S.W.2d 807, 813 (Tex. Crim. App. 1978). Counsel provided Nichols with a copy of the brief.

Nichols then filed a pro se brief. Nichols raises various issues challenging the validity of his indictment. Nichols also complains that he received an excessive sentence. Last, Nichols claims he received the ineffective assistance of appellate counsel.

In addressing an Anders brief with a pro se response, a court of appeals may only determine (1) that the appeal is wholly frivolous and issue an opinion explaining that the court has reviewed the record and finds no reversible error, or (2) that arguable grounds for appeal exist and remand the cause to the trial court so that new counsel may be appointed to brief the issues. Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005).

Having reviewed the clerk's record, the reporter's record, counsel's brief, and appellant's pro se brief, we agree that the appeal is frivolous. See id. Therefore, we find it unnecessary to order appointment of new counsel to re-brief the appeal. See id.; cf. Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We affirm the trial court's judgment. (1)

AFFIRMED.





____________________________

HOLLIS HORTON

Justice







Submitted on December 28, 2009

Opinion Delivered January 6, 2010

Do Not Publish



Before Gaultney, Kreger, and Horton, JJ.

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