Darelamae Scott Unruh v. State ( 2008 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

______________________ NO. 09-07-570 CR ______________________

DARELAMAE SCOTT UNRUH, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 252 District Court Jefferson County, Texas Trial Cause No. 89516

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MEMORANDUM OPINION

Pursuant to a plea bargain agreement, appellant Darelamae Scott Unruh pled guilty to forgery. The trial court assessed punishment at two years of confinement in a state jail facility, then suspended imposition of sentence, placed Unruh on community supervision for four years, and assessed a $1,000 fine. ⁽¹⁾ On April 20, 2007, the State filed a motion to revoke Unruh's community supervision. Unruh pled "true" to six violations of the terms of the community supervision order. The trial court found that Unruh violated the terms of the community supervision order, revoked Unruh's community supervision, and imposed a sentence of two years of confinement in a state jail facility.

Unruh'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 January 31, 2008, 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. ⁽²⁾

AFFIRMED.

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DAVID GAULTNEY

Justice   

Submitted on May 28, 2008

Opinion Delivered June 11, 2008

Do not publish

Before McKeithen, C.J., Gaultney and Horton, JJ.

1. The section of the judgment of conviction entitled "Terms of Plea Agreement" recites that the terms of the plea bargain agreement were that the trial court would impose sentence of two years of confinement in a state jail facility, probated over two years. The rest of the record, including the judgment revoking Unruh's community supervision and the section of the judgment of conviction entitled "Punishment and Place of Confinement," correctly recites that the plea bargain agreement on the record called for a sentence of two years of confinement in a state jail facility, probated over four years.

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