Kyle Brady Johns v. State ( 2006 )

In The

Court of Appeals

Ninth District of Texas at Beaumont ____________________

NO. 09-06-093 CR ____________________

KYLE BRADY JOHNS, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 90322

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MEMORANDUM OPINION

Appellant Kyle Brady Johns pled guilty to unauthorized use of a vehicle. The trial court adjudicated Johns guilty, but suspended the imposition of sentence, placed him on community supervision for five years, and ordered him to serve one hundred eighty days "up front" in jail. Subsequently, the State filed a motion to revoke probation, which alleged that Johns violated four conditions of his probation. Johns pled "true" to three of the four counts. The trial court revoked Johns's community supervision and sentenced him to two years of confinement.

Johns'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 July 20, 2006, we granted an extension of time for Johns to file a pro se brief. We received no response from Johns.

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. ⁽¹⁾

AFFIRMED.

CHARLES KREGER

Justice

Submitted on November 28, 2006

Opinion Delivered December 6, 2006

Do Not Publish

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

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

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