In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-16-00193-CR
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KENNETH THOMAS, Appellant
V.
THE STATE OF TEXAS, Appellee
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On Appeal from the 252nd District Court
Jefferson County, Texas
Trial Cause No. 12-13358
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MEMORANDUM OPINION
Pursuant to a plea bargain agreement, appellant Kenneth Thomas 1 pleaded
guilty to burglary of a habitation. The trial court found the evidence sufficient to
find Thomas guilty, but deferred further proceedings, placed Thomas on
community supervision for four years, and assessed a fine of $1000. The State
subsequently filed a motion to revoke Thomas’s unadjudicated community
1
The clerk’s record shows that Kenneth Thomas is also known as Kenneth
Earl Thomas.
1
supervision. Thomas pleaded “true” to four violations of the conditions of his
community supervision. The trial court found that Thomas had violated the
conditions of his community supervision, found Thomas guilty of burglary of a
habitation, and assessed punishment at seven years of confinement.
Thomas’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 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App.
1978). On October 6, 2016, we granted an extension of time for Thomas to file a
pro se brief. We received no response from Thomas. We have reviewed the
appellate record, and we agree with counsel’s conclusion that no arguable issues
support the appeal. Therefore, we find it unnecessary to order appointment of new
counsel to re-brief the appeal. Cf. Stafford v. State, 813 S.W.2d 503, 511 (Tex.
Crim. App. 1991). We affirm the trial court’s judgment. 2
AFFIRMED.
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STEVE McKEITHEN
Chief Justice
2
Thomas may challenge our decision in this case by filing a petition for
discretionary review. See Tex. R. App. P. 68.
2
Submitted on December 27, 2016
Opinion Delivered December 28, 2016
Do Not Publish
Before McKeithen, C.J., Kreger and Johnson, JJ.
3