Clemonsv.State

Court of Appeals of Texas, Ninth District, BeaumontFeb 28, 2007
No. 09-06-364 CR (Tex. App. Feb. 28, 2007)

No. 09-06-364 CR

February 13, 2007.

February 28, 2007. DO NOT PUBLISH.

On Appeal from the 252nd District Court, Jefferson County, Texas, Trial Cause No. 90550.

Before MCKEITHEN, C.J., KREGER and HORTON, JJ.


MEMORANDUM OPINION


HOLLIS HORTON, Justice.

Pursuant to a plea bargain, appellant Laterik Divenski Clemons pled no contest to injury to a child. The trial court found the evidence sufficient to find Clemons guilty, but deferred further proceedings, placed Clemons on probation for five years, and assessed a fine of $1,000. On May 19, 2006, the State filed a motion to revoke Clemons's unadjudicated probation. Clemons pled "true" to three violations of the conditions of his probation. The trial court found that Clemons violated the conditions of his probation, found Clemons guilty of injury to a child, and assessed punishment at ten years of confinement.Clemons'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). 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. AFFIRMED.

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