Mitchell
v.
State

This case is not covered by Casetext's citator
Court of Appeals of Texas, Ninth District, BeaumontDec 2, 2009
No. 09-09-00245-CR (Tex. App. Dec. 2, 2009)

No. 09-09-00245-CR

Submitted on November 24, 2009.

Opinion Delivered December 2, 2009. DO NOT PUBLISH.

On Appeal from the Criminal District Court Jefferson County, Texas, Trial Cause No. 99367. Affirmed.

Before GAULTNEY, KREGER, and HORTON, JJ.


MEMORANDUM OPINION


Pursuant to a plea bargain agreement, appellant Leonard George Mitchell, Jr. pled guilty to robbery. The trial court found the evidence sufficient to find Mitchell guilty, but deferred further proceedings, placed Mitchell on community supervision for ten years, and assessed a fine of $1000. The State subsequently filed a motion to revoke Mitchell's unadjudicated community supervision. Mitchell pled "true" to five violations of the conditions of his community supervision. The trial court found that Mitchell violated the conditions of his community supervision, found Mitchell guilty of robbery, and assessed punishment at eight years of confinement. Mitchell'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 August 20, 2009, 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.

The indictment and the judgment refer to appellant as "Leonard George Mitchell, Jr. aka Junior[.]"

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