In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-14-00507-CR
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BOB DEWAYNE JAMES, Appellant
V.
THE STATE OF TEXAS, Appellee
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On Appeal from the 252nd District Court
Jefferson County, Texas
Trial Cause No. 12-15703
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MEMORANDUM OPINION
Pursuant to a plea bargain agreement, appellant Bob Dewayne James pled
guilty to burglary of a habitation, a second degree felony. See Tex. Penal Code
Ann. § 30.02(a)(3), (c)(2) (West 2011). The trial court found the evidence
sufficient to find James guilty of burglary of a habitation, but deferred further
proceedings, placed James on community supervision for a period of ten years, and
ordered James to pay a $1,000 fine. Thereafter, the State filed a motion to revoke
James’s unadjudicated probation, alleging six violations of the conditions of his
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community supervision. The State later amended its motion to revoke to allege a
total of eight violations. The trial court held a hearing on the State’s amended
motion to revoke, during which James pled “true” to six of the eight alleged
violations. At the conclusion of the hearing, the trial court continued James on
deferred adjudication community supervision, but reset the case for six months to
reevaluate his compliance with the terms of the deferred adjudication order.
Less than five months later, the State filed a second amended motion to
revoke James’ unadjudicated probation. The second amended motion alleged the
same eight violations asserted in the first amended motion to revoke, but added a
ninth count alleging James’s failure to report to the Jefferson County Community
Supervision and Corrections Department as directed. James pled “not true” to the
allegations in count nine, and the trial court held an evidentiary hearing, during
which James and his probation officer both testified. At the conclusion of the
hearing, the trial court found the evidence sufficient to establish that James
violated the conditions of his community supervision as alleged in count nine of
the State’s second amended motion to revoke. Based on this finding as well as
James’s pleas of “true” to having violated six conditions of his community
supervision, the trial court revoked James’s community supervision, found him
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guilty of the offense of burglary of a habitation, and sentenced him to eight years
in prison. James timely filed this appeal.
James’s appellate counsel filed an Anders brief. See Anders v. California,
386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App. [Panel Op.]
1978). Counsel’s brief presents his professional evaluation of the record and
concludes there are no arguable grounds to be advanced in this appeal. Counsel
provided James with a copy of this brief. We granted an extension of time for
James to file a pro se brief, but we received no response from James.
We have independently reviewed the clerk’s record and the reporter’s
record, and we agree with James’s appellate counsel that no arguable issues
support an appeal. Therefore, we find it unnecessary to order appointment of new
counsel to re-brief James’s appeal. Cf. 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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CHARLES KREGER
Justice
1
James may challenge our decision in this case by filing a petition for
discretionary review. See Tex. R. App. P. 68.
3
Submitted on July 16, 2015
Opinion Delivered October 28, 2015
Do Not Publish
Before Kreger, Horton, and Johnson, JJ.
4
Bob Dewayne James v. State
Combined Opinion