Ruben
v.
State

Court of Appeals of Texas, Ninth District, BeaumontAug 26, 2009
No. 09-09-00073-CR (Tex. App. Aug. 26, 2009)

No. 09-09-00073-CR

Submitted on August 11, 2009.

Opinion Delivered August 26, 2009. DO NOT PUBLISH.

On Appeal from the 252nd District Court, Jefferson County, Texas, Trial Cause Nos. 08-03824.

Before McKEITHEN, C.J., GAULTNEY and KREGER, JJ.


MEMORANDUM OPINION


Pursuant to a plea bargain agreement, appellant Layla Nasiba Ruben pled guilty to aggravated assault. The trial court found the evidence was sufficient to find Ruben guilty, but deferred finding her guilty, placed her on community supervision for seven years, and assessed a fine of $1000. The State subsequently filed a motion to revoke Ruben's unadjudicated community supervision. Ruben pled "true" to one alleged violation of the terms of her community supervision. The trial court found that Ruben violated the conditions of her community supervision, found her guilty, and assessed punishment at fifteen years of confinement. Ruben'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 April 30, 2009, we granted an extension of time for appellant to file a pro se brief. We received no response from the appellant. We 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. Compare Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We affirm the trial court's judgment. AFFIRMED.

Both the indictment and the judgment refer to appellant as "Layla Ruben."

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